When you serve on an HOA board, there are many rules and regulations that you must follow. Some of these may be unfamiliar to you if you have never been part of an HOA before.
One of these involves filing an HOA management certificate with your county. This is a document that includes certain information about your HOA.
The Texas Property Code specifies what information you must include in your HOA management certificate.
Most of this information is basic. However, it is important that you include all of it so your management certificate is properly filed.
What you must include in your management certificate
Here is some of the information your management certificate must contain:
- Name of the subdivision and your HOA
- Name and mailing address of the association
- Name, mailing address, telephone number and email address of the HOA manager
- Website address where the HOA’s dedicatory instruments are found
The term “dedicatory instruments” refers to the documents that govern the establishment, maintenance or operation of a residential subdivision, planned unit development or condominium or townhouse plan.
Additionally, your HOA management certificate must include the description and amount of any fees the HOA charges when subdivision property is transferred and recording data for the subdivision.
You may also include any other information you believe should be included in the management certificate.
When you must amend the certificate
You must file an amended management certificate any time there are changes to any of the information, including minor changes such as contract information.
Not filing a management certificate is a violation of the Texas property code. Although there are no penalties for not filing one, you may not be able to collect past due amounts from a new property owner.
There is a small fee for filing an HOA management certificate and it takes little time to file. Your HOA’s reputation could also be damaged if it becomes known you are in violation of the Texas property code. Therefore, it is best to file the certificate.