Dissolving an HOA, deed questions
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
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 your question to "Ask George & Chuck" or fax it to 281/596-7591. 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.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
