Legal Question in Real Estate Law in Texas

HOA dues:

I live in Texas and built a house 5 years ago. When I closed on the loan, the page in the closing papers where the HOA information was to be listed was blank. Am I obligated to pay HOA dues since it was not disclosed in the closing documents? When we spoke to the builder's agent we were told there would be an HOA down the road and the dues would be $50 per year and included several items, but were not given any documents. A couple of years later I received the HOA C&CR. The dues were $50 per month for mowing the lawns and upkeep of a brick fence around the property. Now the HOA is charging the dues. I just wonder if I am required to pay since my closing documents did not disclose an HOA?


Asked on 8/10/10, 12:28 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

The documents are public record. By virtue of them being recorded in the office of the County Clerk provides notice to the "public" and that includes you. You are obligated to pay and if you don't the HOA can foreclose on your property.

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Answered on 8/19/10, 7:35 am


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