Is it unusual to have a non HOA property in the middle of an HOA subdivision? (San Antonio: foreclosure, HOA fees)

[Austin97]

I am reading the CCR for a house Im thinking of buying. The lot in question seems to not be included in the CCR..

For example, the CCR says lots 3-15, 17-25 are included in the restrictions. This lot legal description is 16.

The CCR seems to omit about 5 lots. Is this common in austin? Why would this happen? Is it possible that the people signed on to the CCR at a later date?

The owners pay the HOA fees, but it seems like they dont have to.

[centralaustinite]

Originally Posted by Austin97

I am reading the CCR for a house Im thinking of buying. The lot in question seems to not be included in the CCR..

For example, the CCR says lots 3-15, 17-25 are included in the restrictions. This lot legal description is 16.

The CCR seems to omit about 5 lots. Is this common in austin? Why would this happen? Is it possible that the people signed on to the CCR at a later date?

The owners pay the HOA fees, but it seems like they dont have to.

Has there been an update or addendum to the CC&Rs?

[TheMoreYouKnow]

Originally Posted by centralaustinite

Has there been an update or addendum to the CC&Rs?

If there hasn't there's about to be one.

[Austin97]

Originally Posted by centralaustinite

Has there been an update or addendum to the CC&Rs?

there have been, but none that address the lots. My realtor said that sometimes the first houses to be sold are exempt.

These restrictions are extremely onerous, going to the extreme of saying what kind of insect/weed killers you can use.

He is doing a title search to figure out if it is covered. I believe the current homeowners believe they are covered as they pay dues to the HOA.

[Trainwreck20]

Some HOAs are formed after construction (how old is the house) and only the houses that agree to join are in the HOA. The original owners (or owners at the time of HOA formation, actually) may have opted out.

[Austin97]

Originally Posted by Trainwreck20

Some HOAs are formed after construction (how old is the house) and only the houses that agree to join are in the HOA. The original owners (or owners at the time of HOA formation, actually) may have opted out.

hard to say. The ccr document is labeled 1998, but the house was constructed in 1996. Amendments to the CCR were done in 1995 and refer to 1994 CCR. So I guess there is a 1994 version out there somewhere.

[IC_deLight]

Do you have a name of the subdivision you can share?

There are a number of subdivisions in the central Texas area where either phony HOAs have sprung up or HOAs have attempted to extend control over to properties not burdened by the HOA. You often find HOA attorneys and HOA management companies behind these schemes - they make lots of money off of the HOA and the property owners. There is no shortage of homeowner "board" members that crave exerting control over other homeowners either. Unfortunately these types seem to thrive on threatening people with foreclosure, "fines", or insisting that others come groveling to them for permission to use and maintain properties. It's great you looking into this. Unfortunately most folks tend to be susceptible to HOA fraudsters because they don't do their due diligence.

[austin-steve]

Originally Posted by Austin97

I am reading the CCR for a house Im thinking of buying. The lot in question seems to not be included in the CCR..

For example, the CCR says lots 3-15, 17-25 are included in the restrictions. This lot legal description is 16.

The CCR seems to omit about 5 lots. Is this common in austin? Why would this happen? Is it possible that the people signed on to the CCR at a later date?

The owners pay the HOA fees, but it seems like they dont have to.

It would be very unusual. But remember that what you think of as a "subdivision" may not be entirely as contiguous as the "neighborhood" name.

For example, Western Oaks and Villages at Westarn Oaks are two different HOAs, and in fact there is a section of "Western Oaks" neighborhood not within any HOA at all. Different developers at different times just used the "Western Oaks" name.

Same with Cherry Creek, almost all of which is not in any HOA but with the exception of the newer sections near Westgate/Davis and off Brodie.

Circle C has HOAs within the HOA for some gated sections. Same with Canyon Creek, with a separate additional dues for the gated section.

Legend Oaks has two completely separate neighborhoods, both called "Legend Oaks", but with separate amenities which are not shared.

Granada Hills has like 8 different sections all with slightly diferent rules and an active HOA but one which is entirely voluntary.

Your candidate property could be within some type of "doughnut hole" similar to the non-HOA homes in Western Oaks. If you PM the address to me I may know.

Steve

[Bo]

In my San Antonio neighborhood, the developer intended to keep a lot for his own use, and he excluded from the original governing documents of the HOA. That would be one explanation for why this happens.

[Trainwreck20]

Originally Posted by Bo

In my San Antonio neighborhood, the developer intended to keep a lot for his own use, and he excluded from the original governing documents of the HOA. That would be one explanation for why this happens.

Lol, BRILLIANT!