Get 2 months of free community web site hosting from Community123.com!
Saturday, May 25, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Annexing an inactive HOA in Texas
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
JoeR5
(Texas)

Posts:1


05/07/2019 10:10 AM  
Are Texas HOAs allowed to annex each other? A neighboring HOA is inactive. The neighboring residents HOA is nonprofit corporation,there is no board. They do not hold meetings. Our HOA is having to maintain the neighboring property and we want to align their covenants/restrictions with ours. What is the best course of action?
RoyalP
(South Carolina)

Posts:737


05/07/2019 10:51 AM  
stop the maintenance of that which you do not own, forcing the actual owners to 'step up'
BillH10
(Texas)

Posts:361


05/07/2019 11:16 AM  
To answer your question, you would most likely require 100% of the owners in the neighboring association to agree to be annexed. The odds of that happening are someplace between zero and the square root of minus 1, especially if they do not currently pay an assessment and annexation would result in assessments being levied.

Further, there would be considerable expense as the deed to every property in the inactive association would have to be amended. You would need the services of an attorney who would charge $375 or more per hour.

You should stop maintaining the neighboring property for at least two reasons:

1. It is not the property of your association. If someone wished to make an issue of it, your association/contractor is trespassing.
2. If you damage the neighboring property, or injure someone in the process of maintaining the property, your Association may have liability. You may find your insurance will not cover damages caused when your association is maintaining property they do not own.

You don't mention if you live in a city. Most cities have a code compliance office. If yours does, contact them for assistance. If your city does not have one, contact the office of your lowest political subdivision representative--council person for example--and ask for their guidance and assistance.

Good luck
GenoS
(Florida)

Posts:2907


05/07/2019 11:32 AM  
I vote for the square root of minus 1.

I think you'd need to get 100% approval from all owners in both associations. Then, maybe, their mortgagees, too. It might be easier to dissolve the incorporated associations conditioned on everyone agreeing to form a newly incorporated association with a fresh set of governing documents.

It seems simple in theory. In practice I think you would be looking at huge legal fees and expenses.
SueW6
(Michigan)

Posts:492


05/07/2019 11:40 AM  
What has been the feedback from the owners in this HOA?

Their corporate status may have run out if they had not met and/or filed with the state and/or IRS.

How much mire restrictive are your CCRs and other rules.

Do they have assets or liabilities that need attending to?
FredS7
(Arizona)

Posts:900


05/07/2019 3:32 PM  
What BillH said.

AND #3. The association is obliged to spend its money on the things prescribed in the documents. Spending it in another way is open to challenge as an abuse of the Board's authority.
LetA
(Nevada)

Posts:682


05/08/2019 9:46 AM  
What document is compelling your HOA to provide landscaping and maintenance to the property you mention?
JohnS111
(New York)

Posts:73


05/11/2019 7:01 AM  
Just have the inactive HOA dissolved and have its members join yours. Simple.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Annexing an inactive HOA in Texas



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement