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HOA refuses to recognize my property as one 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 lot's owner pays the same dues. In my case I pay 3 dues. 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.

4 Answers

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  • 7 years ago
    Favorite Answer

    Once they are replotted they will have no choice. All will be on one tax bill and once that occurs it is legally one lot. You can't expect them to recognize it as one now, now it is just a plan to make it one. Right now you have 3 lots and should pay for 3 lots.

  • Mike
    Lv 6
    7 years ago

    First, you can't just re-plat your lots.

    Your subdivision was probably created as a PUD (Planned Urban Development). The PUD is approved by city council or county commissioners and spells out very specifically each lot and how the community was to be setup. This is actually now an ordinance, and can't be changed without approval from the county commissioners or city council, and they won't approve it without a majority approval from your board and other HOA members.

    Next, when your HOA was setup, the governing documents and covenants and restrictions included a community plan, with number of lots, HOA members, etc.

    Third, there is a budget in your community. Whether you have 1 lot or 3, the cost to maintain the community does not change. Do you honestly believe that your NEIGHBORS should be subsidizing your larger property? Because if you are paying 1/3 of what you are paying now, that money has to be made up somewhere... and it will be made up by increasing assessments... it's just the way it is.

  • 7 years ago

    After you go through the process to survey and replat the lots, just submit the acceptance papers to the HOA.

    Source(s): Certified Paralegal
  • Dan H
    Lv 7
    7 years ago

    You would have to have the lots legally replatted and recognized by your county/city as one lot.

    Then you would have to ask the HOA to recognize the change.

    If they don't, and they don't have to unless their charter (rules) says they do, then you two choices are to pay the separate fees or take them to court to force the change.

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