How can a POA sell what is normally a “common area” within a subdivision?

We live in a subdivision formed 47 years ago. There was a 9.6 acre tract of land that was used by the residents here for hunting, hiking, etc. under an (apparently) unspoken agreement with the developer. Approximately 34 years ago a POA was formed 4 years later this tract of land, referred to as “reserved” on both deed and plat, was deeded to the POA. Now we find the POA has sold the land to a resident without informing anyone except the 10 people present at the meeting when this was brought up. Don’t they need the vote of all the residents? What does “reserved” on a land plat mean”

Asked on August 23, 2011 Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the property owner's association for your planned unit development has the authority and right to sell the 9.6 acre plot of land that you write about depends upon what the recorded "covenants, conditions and restrictions" upon all properties subject to this document says.

Read the recorded "covenants, condtions and restrictions" carefully in that it sets forth the governing rules for all properties within your subdivision and presumably the authority/powers of property owner's association to sell the tract and what notice requirements were mandated as well as property owner vote approval. You also need to review the governing rules of the property owner's association in effect as to its powers.

The term "reserved" on the deed and plat for the tract you are referring to is somewhat vague in your question. Most likely it means that the tract was "reserved" as an open space area since it has never been developed.

Good question.

 


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