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Can my HOA refuse to recognize my property as 1 residential lot?
I live in Freestone Co. TX in a subdivision. In this area there are many subdivisions, and it is commonplace for owners of multiple lots to combine lots via survey and replat. In my case, my HOA refuses to recognize such a combination since they want to keep receiving the multiple dues for multiple lots. One of the lots is unbuildable, and even if combined, the resulting lot is still smaller than other existing lots within the subdivision. Each lots owner pays the same dues. In my case I pay 3. In the 25 year history of the subdivision, my 3 lots have had different owners...about 6 or 7. Never has any one of these 3 lots been owned separately, always the same owner for all 3 lots...they work together, but not separate. I would like them to recognize my property as 1 lot once I go through the process to survey and replat them.
2 Answers
- loanmasteroneLv 77 years agoFavorite Answer
Even though you might have legally changed the property from 3 single properties through the county where the property is located.
The by-laws of the HOA might still consider these as separate lots, therefore you would be required to pay the dues as original agreement signed by the original owners many years back, and is probably recorded with the county as some form of easement.
In order to do as you would want, it might be required of you to get sufficient people and have a vote to alter or amend the easement or the HOA by-laws, that govern the HOA and authorize them to collect the HOA fees.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
- realtor.sailorLv 77 years ago
You'll have to review your CC&R's. Most don't address combining lots so it's an issue that your Board will have to address. I would think that in the very least if one lot is not buildable then you should be assess as 2 lots not 3. However it does seem unusual that the developer was permitted to plat an unbuildable lot, let along sell it. Perhaps it could be as simple as you recording a restriction saying that the lots cannot be sold individually.