Harlingen, TX asked in Real Estate Law for Texas

Q: Can a dissolved HOA re instate and make the homeowners sign up to their new one? The HOA failed to take over after the

developer terminated it in 2014 and paperwork never file. Plus a committee practicing as an HOA that doesn’t exist. A vote was taken and the majority agreed on re establishing the HOA.,

I have a petition signed by 8 lots that are located outside of the subdivision to de annexation,but I don’t know how or who to give it to or if it even has to be requested as the acting President and his wife the secretary are acting as the HOA which is not really in existence and by law they are not supposed to be residing in the same household and both on the committee.

Please help or direct me on what to do next with our petition.The petition is signed by 8 lots that are requesting to be de annexed from the re-established HOA because we are outside of the gated subdivision and do not use the entrance ,cameras,common area island or the mailboxes .We have been paying a different due as the others,but do not benefit from ANY of their services as the characteristics of the lots are not in the gates

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1 Lawyer Answer
John Cucci Jr.
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Answered

A: Your question requires a bit of work for a complete answer. There are rules and laws that protect you from an unlawful HOA. I would need to see the original paperwork and filing which created the association and the neighborhood subdivision. You may be lucky and the HOA is now null, but there is a lot to research to give solid advice.

Get back to me with the original HOA documents, and the history of the same. At that point I may be able to determine your status.

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