A Texas HOA has deed restrictions that were recorded in 1985 and include a provision that expires after 25 years unless renewed. The restrictions were not renewed, and the 25-year period has passed. A new buyer wants to know if the restrictions are still enforceable. Under Texas law:
Correct Answer
B) The restrictions automatically expired and are no longer enforceable
Under Texas Property Code Chapter 209, expired deed restrictions may still be enforceable through automatic renewal provisions. Texas law has provisions that can extend or revive deed restrictions even after their stated expiration, particularly if the HOA has continued to enforce them.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.
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.
More Texas Property Code Disclosures Questions
In Texas, a property owner discovers that their property was previously used as an illegal dump site for construction debris. Some debris contains asbestos materials. Under the Seller's Disclosure Notice, what must the owner disclose?
A buyer purchases a property in Texas with mineral rights included. After closing, the buyer discovers that a previous owner had executed a 99-year mineral lease with an oil company 50 years ago, and the lease is still active. Under Texas law, how does this affect the buyer?
Under the Texas Seller's Disclosure Notice, the seller must disclose whether the property has:
Seller Garcia is selling a property in a Texas HOA community. The HOA has voted to levy a special assessment of $5,000 per unit for swimming pool renovation, to be paid over the next 12 months. The assessment vote occurred last month. Under Texas law, what must Garcia disclose?
In Texas, when a property subject to an HOA is sold, the seller must ensure that all of the following are current EXCEPT:
- → In Texas, what does the term 'executive rights' mean in the context of mineral ownership?
- → A surface owner in Texas experiences property damage from drilling operations conducted by the mineral lessee. Under Texas law, the surface owner may:
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- → Under Texas law, the Seller's Disclosure Notice protects the seller from liability in all of the following situations EXCEPT:
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- → A Texas HOA has a deed restriction that prohibits short-term rentals (less than 30 days). Seller Quinn has been operating an Airbnb on the property for 2 years. On the Seller's Disclosure, Quinn does not mention the deed restriction violation. Is this a disclosure issue?
- → Under Texas Property Code Chapter 209, an HOA must follow specific procedures before foreclosing on a homeowner's property for unpaid assessments. Which statement about HOA foreclosure in Texas is correct?
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