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Chapter 23

Form 23-10

Note: If a written request for an update to the resale certificate is received within 180 days after the date a resale certificate is issued, the property owners’ association shall deliver the updated informa­tion within seven business days to the party requesting the original resale certificate. Tex. Prop. Code § 207.003(f), (g).

Required Information [Issued on [date]] Applicable to
the Property Including Resale Certificate

  (Texas Property Code Section 207.003)

Date:

[date]

Property (including any common
areas assigned to the Property):

[address, city], [county] County, Texas

Subdivision:

[name and legal description]

Property Owners’ Association:

[name of association]

Property Owners’ Association’s address:

[address, city, state]
[telephone]
[fax]

Managing agent of Subdivision:

[name of managing agent]

Managing agent’s address:

[address, city, state]
[telephone]
[fax]

Current regular assessment:

$[amount] per [time period, e.g., month]

 

 

 

 

Special assessment(s) due after the
date of [this updated] resale certificate:

$[amount] payable as follows: [specify time­frame for paying and purpose of special assessment[s]]


Total amounts due and unpaid
to Property Owners’ Association:

$[amount]

Capital expenditures approved by
Property Owners’ Association for current
fiscal year:

$[amount]

Reserves for capital expenditures:

$[amount]

Unsatisfied judgments against
Property Owners’ Association:


$[amount]

Administrative transfer fee:

$[amount] payable to: [specify]

Other fees for change of ownership:

$[amount] to [name] for [specify]

There [are/are not any] suits pending against the Property Owners’ Association. [Include if applicable: The style and cause number of each pending suit are: [describe any pending suits].]

The Property Owners’ Association’s board has [no] actual knowledge of conditions on the Property in violation of the restrictions applying to the Subdivision or the bylaws or rules of the Property Owners’ Association. [Include if applicable: Known violations are: [list any known violations].]

 

The Property [is/is not] subject to a right of first refusal or other restraint contained in the restrictions or restrictive covenants that restricts the owner’s right to transfer the owner’s property.

The Property Owners’ Association [has/has not] received notice from any governmen­tal authority regarding health or building code violations with respect to the Property or any common areas or common facilities owned or leased by the Property Owners’ Association. [Include if applicable: A summary or copy of each notice is attached.]

The restrictions on the Lot [do/do not] allow foreclosure of the Property Owners’ Asso­ciation’s lien on the Property for failure to pay assessments.

Required Attachments:

1.Restrictions

2.Rules

3.Bylaws

4.Articles of Incorporation/Certificate of Formation

5.Current Balance Sheet

6.Current Operating Budget

7.Certificate of Insurance Concerning Property and Liability Insurance for
Common Areas and Facilities

8.Any Governmental Notices of Health or Housing Code Violations

Notice: This Subdivision information may change at any time.

[Name of property owners’ association]

By       
        [Name and title]
        [Mailing address]
        [E-mail]