Find a Texas home, real estate news, and tips

Find a Texas REALTOR® Find a Texas home
Dissolving an HOA, deed questions
Ask George & Chuck

Dissolving an HOA, deed questions

George Stephens, CRB, and Charles J. "Chuck" Jacobus, JD | Advice columnists

May 25, 2009

Dear George: How can I get rid of my homeowners association?

Answer: Your ability to dissolve a homeowners association depends on the documents that created it. If the documents don't provide for dissolution, you have to go to the business organizations code for statutory dissolution procedures. It also depends on why it will be dissolved. If a few homeowners are mad, dissolution will be tough. Courts tend to lean toward enforcement of restrictions and covenants, as they were created to enforce standards and help maintain
property values.

Dear George: What is the difference between a warranty deed and a
homestead deed?

Answer: In Texas, there's no such thing as a homestead deed. Homestead rights are enabled by the Texas Constitution and created automatically by the homestead claimant when the property is acquired.

E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.

Recent Can I evict my tenants? How many homestead exemptions can we claim? Doesn’t water damage have to be disclosed? Why won’t my lender call me back? Is there a “cooling off” period for real estate transactions? What documents is my HOA required to provide?