A buyer in Texas purchases a property in an HOA community. After closing, the HOA passes a new restriction banning all commercial vehicles from being parked in driveways. The buyer operates a plumbing business and parks a work van at home. Under Texas HOA law, can the new restriction be enforced against the buyer?
Correct Answer
C) Yes, if the restriction was properly adopted through the amendment process outlined in the dedicatory instruments
Under Texas Property Code Chapter 209, new restrictions can be enforced against all property owners, including those who purchased before the restriction was adopted, if the restriction was properly adopted through the amendment process outlined in the HOA's dedicatory instruments.
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Related Concepts
Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.
HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.
The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."
More Texas Property Code Disclosures Questions
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