🏡 Understanding Optional HOA Resale Documents in Texas

🏡 Understanding Optional HOA Resale Documents in Texas

If you’re buying a home in a North Texas community with an HOA—and most homes in places like Frisco, Prosper, McKinney, Celina, Plano, and Little Elm do—you’ll receive a package of documents called the HOA Resale Documents (also called the Resale Certificate + Subdivision Information).

These documents contain a TON of important information that buyers rarely understand on their own.
When I represent you, I go through these documents line-by-line because your HOA rules will impact your monthly budget, lifestyle, rights, and long-term resale value.

Here’s exactly what HOA resale documents include—and how we use them during the buying process.


1. First—What Are HOA Resale Documents?

These are documents the seller is required to provide when the home is part of an HOA.

They include:

✔️ Resale Certificate

✔️ HOA Bylaws

✔️ Covenants, Conditions & Restrictions (CCRs)

✔️ Rules & Regulations

✔️ Architectural Guidelines (ACC/ARC)

✔️ Budget

✔️ Financial statements

✔️ Reserve studies

✔️ Insurance information

✔️ Violation history (for the property)

✔️ Pending or recent special assessments

This package helps buyers understand exactly what they’re buying into.


2. What Is a Resale Certificate?

The Resale Certificate is the core piece of the HOA document package.

It discloses:

✔️ HOA dues

✔️ Past due balances

✔️ Transfer fees

✔️ Working capital fees

✔️ Upcoming assessments

✔️ Ongoing litigation

✔️ Insurance coverage

✔️ Whether the property has any violations

✔️ HOA budget status

✔️ Whether the HOA is financially healthy

I review this document immediately once delivered.


3. Subdivision Information Package

This includes all the governing documents:

✔️ Bylaws

✔️ CCRs

✔️ Rules & Regulations

✔️ Architectural Guidelines

✔️ Amendments

These documents tell you:

✔️ What you can and cannot do with your home

✔️ How strict the HOA is

✔️ What approvals are required

✔️ What projects require permission

✔️ Landscaping rules

✔️ Fence requirements

✔️ Parking restrictions

✔️ Pet restrictions

✔️ Exterior material rules

✔️ Rental restrictions (big deal!)

Buyers often don’t realize how restrictive HOAs can be—until they read these.


4. Buyer’s Right to Terminate After Receiving HOA Docs

In Texas, the buyer has a statutory right to terminate after receiving HOA documents.

If:

  • The seller delivers them late

  • The buyer doesn’t receive everything required

  • The buyer receives outdated documents

  • The docs reveal unexpected issues

…the buyer can terminate and get their earnest money back.

This protection is separate from the Option Period.


5. The Most Important Things I Look for in HOA Docs

A) HOA Financial Health

I review:

  • Budget

  • Reserves

  • Income/expense ratios

  • Delinquency rates

  • Planned capital projects

  • Whether dues are likely to increase

A poorly run HOA can impact resale value.


B) Restrictions That Affect Lifestyle or Resale

I watch for:

✔️ Rental restrictions (BIG DEAL)

✔️ STR/Airbnb rules

✔️ Parking rules

✔️ Pet limits

✔️ Vehicle storage

✔️ Landscaping standards

✔️ Fence rules

✔️ Exterior color restrictions

✔️ Roof shingle requirements

✔️ Solar panel rules

✔️ Pool and patio cover restrictions

These can significantly impact your day-to-day life.


C) Pending Special Assessments

These are HOA fees charged for:

✔️ Major repairs

✔️ New amenities

✔️ Road repairs

✔️ Pool maintenance upgrades

These assessments can cost anywhere from a few hundred to several thousand dollars.

I make sure you know what’s coming.


D) Violation History

The HOA documents tell us whether:

✔️ The current owner has violations

✔️ The home is out of compliance

✔️ There are ongoing disputes

This protects you from inheriting someone else’s headache.


E) Architectural Control Rules (ACC/ARC)

If you plan to:

  • Add a patio

  • Build a pool

  • Change paint colors

  • Add solar panels

  • Install a shed or pergola

  • Extend the driveway

…these rules matter.

Some North Texas HOAs are extremely strict.


F) Mandatory Fees at Closing

Some HOAs charge:

✔️ Transfer fees

✔️ Resale fees

✔️ Working capital contributions

✔️ Initiation fees

These can range from $100 to $2,000 depending on the neighborhood.


6. When HOA Docs Are OPTIONAL

Buyers sometimes request optional HOA resale documents BEFORE writing an offer.

This is rare, but we do it when:

✔️ HOA may be financially unstable

✔️ Buyer plans major renovations or additions

✔️ Buyer must confirm rental rules

✔️ Buyer is highly concerned about restrictions

✔️ Home is in an unusually strict HOA

Optional docs can provide early clarity.


7. When Sellers Are Required to Provide HOA Docs

Most resale transactions that involve an HOA must include:

✔️ Resale Certificate

✔️ Subdivision Information

Texas law is very clear here.

If sellers fail to deliver, buyers retain the right to terminate.


8. Why HOA Docs Are Such a Big Deal in North Texas

Many of our neighborhoods—especially newer master-planned communities—have:

  • Strict standards

  • Active enforcement

  • High dues

  • Amenity-heavy budgets

  • Rental restrictions

  • Detailed architectural rules

These shape everything from your curb appeal to your ability to rent your home later.

HOA docs are not something to skim—they’re something to study carefully.


Bottom Line: HOA Resale Docs Tell You Exactly What You’re Buying Into

Before you fall in love with a house, make sure you can actually live with the rules that come with it.

When we work together, I analyze every line of the HOA documents so you know:

✔️ What you can build

✔️ What you can modify

✔️ What you can park

✔️ Whether rentals are allowed

✔️ How healthy the HOA is financially

✔️ What fees you’ll owe

✔️ What restrictions could affect resale

No surprises.


Need Help Interpreting HOA Docs in North Texas?

If you want a Realtor who understands HOA rules, budgets, finances, and restrictions inside and out, I’d love to help.

CLICK HERE to Connect With Me

📞 Call or Text: (254) 644-5297✉️ Email Me

 

Work With Logan

Logan’s mission is to understand his client’s real estate goals and work hard to help them achieve those goals. Contact Logan today!

Follow Logan on Instagram