Somerset Est Homeowners Association

What Somerset Est Homeowners Association's governing documents say

This is an amendment to the declaration of covenants, conditions, and restrictions for Somerset Estates, a Texas homeowners association (HOA). It focuses on how the HOA collects money — assessments, special assessments, liens, and what happens when a property is sold — and is not the full rulebook. It's relevant to current and prospective owners because it clarifies their financial obligations and the HOA's collection powers.

• Assessments: Regular assessments are levied semi-annually and equally against all lots, including those with living units. The amount is set based on the budget for the fiscal year.
• Special assessments: Special assessments to cover unbudgeted expenses require the affirmative vote or written consent of owners representing more than 50% of the lots (or living units) subject to the assessment.
• Assessments upon sale of property: When a lot or living unit is transferred, the new buyer is jointly and severally liable for all assessments and other charges due at the time of conveyance. However, a first mortgagee who takes title through foreclosure is not liable for unpaid assessments that accrued before it acquired the property.
• Lien for unpaid assessments: The HOA has a contract lien on each lot to secure unpaid assessments, interest, late charges (within Texas law limits), and collection costs including attorney's fees. The lien is superior to all other liens except property tax liens and first mortgage liens, and can be foreclosed in court or through nonjudicial foreclosure under Texas law.
• Foreclosure and association ownership: The HOA (or anyone else) can bid at a foreclosure sale. If the HOA ends up owning a unit after foreclosure, that unit gets no vote, is not assessed, and its share of assessments is spread pro rata among the other lots until it's sold.
• Suspension of services for delinquent owners: The association may suspend any services it provides to a lot whose owner is more than 30 days delinquent in paying any assessment or other charge.
• Specific (individual) assessments: The HOA can levy a specific assessment against a single lot if that lot receives special benefits or services not provided to all units, or if the owner's conduct (or their guests' or licensees') causes costs. It can also assess a lot to reimburse the HOA for bringing the property into compliance with the rules, but only after notice and a hearing.
• What this document doesn't cover: This is just a 2001 amendment, not the full declaration or bylaws. It does not cover general owner rights, architectural restrictions, pets, leasing rules, or other common HOA topics — you'd need to review the original declaration and other governing documents for those.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.