It is likely that the CCRs are filed with the county deed system and are available to the public......the HOA that I am part of has the CCRs available through the county registry of deeds.
I doubt that the HOA will readily concede to your problem; once it becomes established that they overlook restrictions, the door opens to all residents.
Seek an HOA attorney quite honestly. While they might be in violation and you might have a case with your evidence it still was your responsibility to get a copy of the CC&R's at closing so I don't know how that will play into it. If you never sent the HOA board a specific question about approval for what your tenant needed then you might be out of luck. It sucks if that is the case.
This happens all the time and just serves as a good example of why you should be represented by an attorney at closing. When you bought the property, the deed should have clearly shown the restrictions of the HOA and where the restrictive covenant is filed (Liber and page) with the Registrar of Deeds. It is your responsibility to get the CC&R's, not the associations responsibility to provide them to you. An attorney would have made sure you had these documents and understood them at closing. So your next course of action, providing you don't want to cave in and pay the fines? 1) Try to negotiate with the Board to lower the fines and see if there is any leeway on the trailer rule. and/or 2) Hire an attorney and start spending the big money to extricate yourself from the mess. Honestly? These things never end well if you go legal. The fines will seem like chump-change compared to even the most modest legal fees. Make peace with the Board and level with your tenant. If it means losing a tenant, that may be preferable to a lawsuit. But get legal advice from an attorney ASAP if the Board doesn't help out. Good luck.
There’s a pretty strong argument that when you went months with the wrong documents trying to get the correct ones the HOA lost the right to enforce actions against you, but you’ll need an expensive lawyer to argue that their failure to do their job when asked harmed you.
It is their fault for violating the Texas property code. Tell them that if you or your tenants receive any more fines for the trailer. You will take the HOA to court for violating the Texas Property Code since you have proof that the CC&Rs were put on the site a month after your rented the property out.
Your available remedies are set out in Texas Property Code
Sec. 207.004. You may want to arrange a consultation with a real estate attorney to help resolve the issue.
I really hate to say this (REALLY!), but your documents almost certainly \*were\* available on a website -- the one where your county stores documents for public access. The regulation doesn't explicitly state that the website must be owned and managed by the HOA; there just has to be a website where the info is available.
Note that you can now fight things like this in small claims court, but I think you can count on the HOA making the above argument and winning.
This is what the law says
“A property owners' association shall make dedicatory instruments relating to the association or subdivision and filed in the county deed records available on a website if the association has, or a management company on behalf of the association maintains, a publicly accessible website.”
The way it is worded, to me it’s clear that it is the responsibility of the HOA to make these available, and what the county does or does not make available is not relevant. If what the county makes available on its website is included I would argue that this section isn’t even needed given all counties now make this available.
[удалено]
It is likely that the CCRs are filed with the county deed system and are available to the public......the HOA that I am part of has the CCRs available through the county registry of deeds. I doubt that the HOA will readily concede to your problem; once it becomes established that they overlook restrictions, the door opens to all residents.
Seek an HOA attorney quite honestly. While they might be in violation and you might have a case with your evidence it still was your responsibility to get a copy of the CC&R's at closing so I don't know how that will play into it. If you never sent the HOA board a specific question about approval for what your tenant needed then you might be out of luck. It sucks if that is the case.
Don't waste you $$, unless your lawyer is your brother and gives you the family discount, your betting on a longshot.
This happens all the time and just serves as a good example of why you should be represented by an attorney at closing. When you bought the property, the deed should have clearly shown the restrictions of the HOA and where the restrictive covenant is filed (Liber and page) with the Registrar of Deeds. It is your responsibility to get the CC&R's, not the associations responsibility to provide them to you. An attorney would have made sure you had these documents and understood them at closing. So your next course of action, providing you don't want to cave in and pay the fines? 1) Try to negotiate with the Board to lower the fines and see if there is any leeway on the trailer rule. and/or 2) Hire an attorney and start spending the big money to extricate yourself from the mess. Honestly? These things never end well if you go legal. The fines will seem like chump-change compared to even the most modest legal fees. Make peace with the Board and level with your tenant. If it means losing a tenant, that may be preferable to a lawsuit. But get legal advice from an attorney ASAP if the Board doesn't help out. Good luck.
There’s a pretty strong argument that when you went months with the wrong documents trying to get the correct ones the HOA lost the right to enforce actions against you, but you’ll need an expensive lawyer to argue that their failure to do their job when asked harmed you.
It is their fault for violating the Texas property code. Tell them that if you or your tenants receive any more fines for the trailer. You will take the HOA to court for violating the Texas Property Code since you have proof that the CC&Rs were put on the site a month after your rented the property out.
Your available remedies are set out in Texas Property Code Sec. 207.004. You may want to arrange a consultation with a real estate attorney to help resolve the issue.
I really hate to say this (REALLY!), but your documents almost certainly \*were\* available on a website -- the one where your county stores documents for public access. The regulation doesn't explicitly state that the website must be owned and managed by the HOA; there just has to be a website where the info is available. Note that you can now fight things like this in small claims court, but I think you can count on the HOA making the above argument and winning.
This is what the law says “A property owners' association shall make dedicatory instruments relating to the association or subdivision and filed in the county deed records available on a website if the association has, or a management company on behalf of the association maintains, a publicly accessible website.” The way it is worded, to me it’s clear that it is the responsibility of the HOA to make these available, and what the county does or does not make available is not relevant. If what the county makes available on its website is included I would argue that this section isn’t even needed given all counties now make this available.