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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33703
Experience:  15 years real estate, Realtor. Landlord 26 years
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I bought a house in Fort Worth that has hoa I have not

Customer Question

I bought a house in Fort Worth that has hoa I have not joined we. Bought a storage shed and had it moved in I getting letters that to do that I need to have a permit from the deed comm.I do not have any thing in my contract about a deed comm and I had to get permission I called the city of fort Worth and they said I was legal without a permit what do I need to do
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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When you purchased your home, is there anything in your deed or closing documents that states that you are automatically a member of any existing HOA?

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Is membership in the HOA mandatory or is it optional?

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thanks

Barrister

Customer: replied 10 months ago.
Optional
Customer: replied 10 months ago.
You do not have to join
Expert:  Barrister replied 10 months ago.

Ok, if this is an optional HOA, and not a "forced membership" situation where you are automatically a member, then unless there is some type of deed restriction in your deed or Bylaws that prohibit the building without approval from the HOA, then you don't have to get their permission.

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So it would depend on whether there were any restrictions recorded in the local land records office that state that a homeowner has to get permission from any existing HOA to erect a building.. If not, then you can tell them to go pound sand....

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I might respond to them asking them to point out any restrictions, Bylaws, or covenants where a non-HOA member has to request permission from an organization that they don't belong to so they can put up a storage building and see what they say..

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They may simply be trying to bully you or are mistaken and think you are part of the HOA..

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thanks

Barrister

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