Q: Where in the TX property code does it show that a mandatory HOA can be formed after purchase?
We have restrictions that say there will be an hoa but the developer failed to form it. He never followed the restrictions he created. Not a single one. At closing there was nothing about an hoa, in fact, we were told, “you do not have an hoa”. Fast forward three years after closing and a homeowner here has decided to form an hoa and says it is mandatory because the restrictions said we would have one. My property is located in Parker County, Texas and it’s a subdivision of 20 homes.
A:
The answer to your question is not in the Property code. It lies in the deeds that make up your neighborhood. The best and most powerful way to stop it would be to sue. It would require the argument that the HOA was not formed as required and that anyone attempting to form one is to late under the theory of Latches.
Now is the time to make a move. You should not wait for anyone else to get ahead of you.
Get alawyer who knows real estate as this is a specialty issue.
Good Luck!
1 user found this answer helpful
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