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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102356
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have had my home on the market months. I have received

Customer Question

I have had my home on the market for several months. I have received feedback (in writing) from potential buyers saying they love the property and home but the HOA/neighborhood issues are the problem. I pay my POA dues and maintain my property but due to lack of the HOA to enforce the restrictions, it has cost me 2 sales of my property. At this time, based on this issue and lack of HOA enforecement, they have caused damages to the sale of my home. Is there any thing I can do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry, but not really. There is no way to force individuals to form an HOA, and no government agency on a state level exists in Texas to "take control" of non-functional HOAs. So there is no way to force an HOA, and no one to really hold "at fault."

Now, if you wish to split from the HOA, you'd have to file a lawsuit in Court, and show the Court that there has been a significant change in the neighborhood that warrants voiding/modifying the covenants of the deed that bind the property to the HOA. However, the HOA being non-functional does not fall under this prerequisite, so the argument would be very weak.

As such, I am afraid that there is little that can be done here. I am sorry.

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Customer: replied 1 year ago.
in other words, my hands are essentially tied? I feel there are damages due to lack of the enforcement that has cause me the inability to sell my home. Based on this criteria, I will just have to deal with the lack of HOA participation and take a loss on my home, if I can sell it at all?
Expert:  Ely replied 1 year ago.

Basically, yes. Unless you feel that you can successfully challenge the covenant to void the HOA-binding clause (upon the fact that the neighborhood has changed), there is really no other option. I am sorry.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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