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Scheduled to close the sale of my house on Dec. 30th. My house is in a community governed by 2 HOA's. The gated community's HOA has already issued the resale certificate. However the overlay HOA (called Las Colinas HOA) for the section of our city said we have to make corrections. Specifically, there was a 15' bushy Magnolia tree that died. It had been part of the original landscape plan from 1981. It had been planted too close to the house and was a nuisance. It died of natural causes about 6 years ago, and when it was removed we had so much more natural light in the house. Never replaced it.
There was also a red oak that died. Our gardener said it was planted in a too sunny spot and couldn't survive. The original owners had planted it just before they sold the house. It died in the first year.
The HOA manager says we have to restore the property to the original landscape plan. Because of the holidays, the ACC doesn't meet again to hear our objections this year and the process to file a hearing is way too long to meet our closing deadline. Any suggestions?
I sold a house in Las Colinas a few months ago. Las Colinas was also an overlay HOA for me. My resale certificate from Las Colinas noted a dead palm tree that had to be replaced with a new one and a few other matters, including a retaining wall that had missing stones. When I called them to discuss the matter, they said the exceptions noted on the second page of the HOA resale certificate would not hold up closing.
We ended up getting a new little palm tree planted (the remaining one was like 12 feet tall - the one we planted was like 5 feet) because the buyer wanted us to fix that. We declined to fix the other matters and the buyer agreed we did not need to fix them.
The new tree did not need to be inspected to verify we corrected it and the other uncorrected matters did not hold up closing. The inspector specifically told me that they cannot hold up closing for such matters.
From what I understand it just means you are "Out of Compliance".
I've had several close this way and the Buyer is just buying it as such.
Can you not get the current landscape run through the Architectural committee quickly to approve the changes?
They are usually reasonable on these issues if there is a good explanation.
^^^ I agree with this. The only reason I put the new tree in is because the buyer insisted. We still closed with 3 Las Colinas HOA violations noted. If the buyer did not make me fix the tree, we would have closed with 4 HOA violations noted.
I would not worry about the ACC and you will not be able to get it done outside their regular meeting date and time, from my previous experience.
Call Las Colinas and speak to the inspector who did your compliance review. Verify with him that the noted violations will not hold up closing, then close as scheduled.
Last edited by davecraze; 12-22-2014 at 08:35 AM..
^^^ I agree with this. The only reason I put the new tree in is because the buyer insisted. We still closed with 3 Las Colinas HOA violations noted. If the buyer did not make me fix the tree, we would have closed with 4 HOA violations noted.
I would not worry about the ACC and you will not be able to get it done outside their regular meeting date and time, from my previous experience.
Call Las Colinas and speak to the inspector who did your compliance review. Verify with him that the noted violations will not hold up closing, then close as scheduled.
Thanks to you and Rakin. I guess I did not understand that we can close with the deficiencies. I will go ahead and spray the edging and then not worry about the trees. Afterall, the sale for contract says "As Is" and we already hammered out the inspection issues. How can the buyer refuse now? We wlll be providing the resale certificate; just will have deficiencies.
HOA has already issued the resale certificate. However the HOA......said we have to make corrections.
The resale certificate is still valid. Landscaping issues would not normally be on a resale certificate. They sound confused.
Disclose the tree issue to the new buyers.
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