Homeowners association can collect payment any way it likes
Q:Can a Texas homeowners association’s management company refuse to accept payment for annual membership dues from an HOA homeowner if the company considers it a partial payment? The HOA’s CC&Rs do not address partial payments. The dispute may arise when the company attempts to bundle other fees with the annual membership dues.
A:The HOA can collect whatever fees it has the authority to collect. That can mean bundling them, packaging them, including them or whatever. If they are not paid in full, they are not paid. Period. We know this isn’t what you want to hear, but it is the HOA’s call to make as elected directors, not yours, to pass judgment on their collection practices.
Q:I plan to leave 50 percent of my home to my stepdaughter (my late wife’s daughter) and 50 percent of the home to my current wife. Upon my death, is there any way to ensure my wife can stay in the house rent free until she either dies or sells the property?
A:There are so many ways to handle this. You can leave your current wife a life estate with the remainder to your daughter. Your wife has a life estate in her homestead under Texas law. You can put it into a trust. Find yourself a good probate lawyer to assess your current situation and advise you accordingly. It is worth the investment.
Q:I bought my house when I was single, thinking it would bemy separate property. I got married and am now trying to sell it, but they require my wife’s signature on the deed. She wants no part of it, and certainly doesn’t want to give a warranty of title on the conveyance. Does she have to do this?
A:In a word, yes. It is now her homestead, too, and shemust join in the conveyance. It is not unusual to prepare such a deed where the wife joins “pro forms” without any warranties of title. Ask your title company to walk you through this. It is not complicated.
Q:I am renovating a house. I plan to flip to a new purchaser. The cost of city permits is prohibitive. Can I do this without permit?
A:Cosmetic repairs do not require permits, but all other repairs do. All cities require them, and you should have planned for this. If you don’t get permits, the city can red tag your project, fine the contractors and you. Nothing is worth this risk. In addition, you will have to disclose on your seller’s disclosure form that there has been no construction without permits.
To send us a question visit www.AskGeorge.net and select the “Ask a question” button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.