Real Estate Law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.
I would check your bylaws for dissolving the HOA. As you state since there are only two owners it would be impossible to run this with an even membership.Your by laws may in fact allow for dissolving it by unanimous vote.Otherwise you will have to amend your by laws first to allow for this and then vote to dissolve it.Assuming all members are in agreement then this has effect of dissolving the HOA.
I am not sure why this was set up this way but it simply will not work, unless there is total agreement and thats unlikely.It sounds like the builder dumped this on you here.You may need a lawyer locally to dissolve this and close out the HOA.It is unrealistic to have a two member HOA here in Texas.
I wish you good luck here dissolving and thanks for chatting with me.
It is my hope here that you can dissolve the HOA and eash party s then on their own responsible for their property.I just don't see this working here.
Lawyer to dissolve here..
Thanks again for the chance to help.
All would be officers, board members, two of you would have to unanimously agree to everything here.If the builder did not create rules and by laws then these need to be created.Also for the HOA to function you would need some kind of dues.Again all of this requires both of you to agree.You would have to agree to some kind of tie breaker to resolve issues.Or again you can agree to dissolve it because these issues seem pretty impossible to resolve.I really think the builder dumped this on you.I do not see that you need an HOA here for two people.If you have joint issues why not just do a contract/operating agreement on any mutual issues.Two people real hard to agree to anything and move forward.You really aren't the President unless the other party agrees to that too.You are going to need a lawyer locally to straighten this mess out or do an agreement to dissolve it.
Texas Property Code requirements to set up an HOA
More about it starting on page 9, even though this is referenced College Station the law is the same through out Texas.
You would need by laws and ccrs if you don't already here.You will need a bank account, EIN number for the HOA, there is a tax return due each year.