Deadline to record amendments in Texas

Started by BrS • 5 replies • 270 views

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BrS (Texas)
Posts: 47

Posted:

Can anyone point me to where I might find information regarding deadlines related to recording documents in the county?
For example: Is there a deadline or time frame in which an amendment to the CC&R’s must be filed after it passes a vote?

SheliaH (Indiana)
Posts: 6,964

Posted:

Try checking with the agency where the change would be filed - maybe the secretary of state office of county recorder or clerk. This may also be written in your documents - check your bylaws to see what they say.

Or ask the association attorney - you really shouldn't be making these changes at all without his/her guidance because you want them to stand up in court.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

BrS (Texas)
Posts: 47

Posted:

I’ve already done all but ask an attorney. Cannot get an answer so I’m asking here in case someone knows where this might be located in Texas law. Thanks.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Unless your governing documents or applicable property statute specifies a time frame, there would be no time limit.

I've seen limits to challenge after recording, but not for the actual recording.
Keep in mind that until the change is recorded, it's not enforceable.

BenA2 (Texas)
Posts: 1,273

Posted:

I do not believe there is a deadline for filing most documents, however, in Texas the amended CC&Rs are not valid and cannot be enforced until they are filed. By definition in Texas, a declaration or restriction is not a declaration or restriction until it is filed. Our attorney has advised us not to enforce any governing document that has not been filed.

There is a requirement to file a new or amended management certificate within 30 days with the county clerk and within seven days after that it must be filed electronically with the Texas Real Estate Commission (this is a new law passed this year).

BrS (Texas)
Posts: 47

Posted:

Thank you for the information!

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