Frequently Asked Questions

If you’re a Texas-based land developer looking to create a legally compliant and well-managed HOA, you’ve come to the right place. Below you’ll find answers to common questions about BuildMyHOA.com’s process, services, and future plans—including our upcoming expansion to other states.

FAQ Banner – Common Questions Answered for Texas Land Developers

General Questions

What exactly does BuildMyHOA.com do?

We specialize in creating Homeowners Association (HOA) Governing Documents for Texas real estate developers. From drafting bylaws and ensuring legal compliance to establishing a governance structure, we provide a comprehensive service to lay the foundation for successful communities. Our focus is on Texas now, but we plan to expand our reach to other states soon.

Which documents make up the HOA Governing Documents?

There are three: 1) The Bylaws, 2) the Declarations of Covenants, Conditions and Restrictions (DCCRs), and 3) the Rules & Regulations (Rs&Rs). Together, these documents provide a framework for governance, management, and the maintenance of the community's standards. They are crucial for establishing the HOA's authority and ensuring a harmonious community living environment.

What is the purpose of the Bylaws?

The Bylaws serve as the constitution for the HOA, outlining how the association will be governed and operated. They provide a framework for decision-making and the administration of the community. Key elements include the election process of the board of directors, terms of office, meeting protocols, voting procedures, and other essential operational details. They help ensure consistency in the management of the community over time, regardless of changes in volunteer leadership or property management companies.

What is the purpose of the Declarations of Covenants, Conditions and Restrictions (DCCRs)?

The DCCRs are the primary rules governing the community. They establish the rights and obligations of both the HOA and the homeowners. This document lays out protective covenants designed to maintain a certain standard of appearance and usage of the properties within the community. It also contains conditions under which the land can be used, restrictions on certain behaviors or alterations to properties, and outlines the mechanisms for rule enforcement and dispute resolution. The DCCRs ensure that the community maintains its character and values, which in turn helps to preserve and enhance property values within the development.

What is the purpose of the Rules & Regulations (Rs&Rs)?

The Rs&Rs are a set of additional guidelines created by the HOA to cover day-to-day living in the community. They might address topics like noise levels, pet policies, parking rules, and the use of common areas. While the DCCRs provide the broad legal framework, the Rs&Rs offer more detailed and often updated guidelines to ensure a pleasant living environment and good neighbor relations. They allow for a level of flexibility in addressing new issues or concerns that arise within the community over time, making the living environment harmonious and enjoyable for all residents.

What are Articles of Incorporation (Certificate of Formation), and why are they needed?

Articles of Incorporation—referred to as a Certificate of Formation in Texas—are legal documents that establish your HOA (or POA/TOA/COA) as a recognized entity with the state. This step ensures your association can operate as a nonprofit corporation, enter into contracts, and have a formal governance structure. In essence, the Certificate of Formation grants your HOA legal standing, protecting both the association and its members under state law.

Does BuildMyHOA.com only create HOAs for homes?

No. We use 'HOA' to encompass terms like Property Owners Associations (POA), Townhome Owners Associations (TOA), and Condominium Owners Associations (COA). Our system guides you through the creation of whichever you need.

Why can't I just manage the HOA creation process myself?

While it's possible for developers to handle HOA creation independently, the process involves intricate legal and organizational steps—especially under Texas regulations. Our expertise ensures your HOA is set up correctly from day one, mitigating risks and avoiding complications that can arise from navigating these legal requirements on your own.

How long does the HOA creation process take?

Our streamlined process typically delivers your finalized documents within 48 hours, depending on your availability and the response time from the Texas Secretary of State. We work efficiently to ensure quality and full legal compliance at every step.

What all is required before starting the formation of an HOA?

A surveyed and City or County ‘approved’ residential plan known as a Plat.

What is the purpose of the Plat?

The Plat serves as a detailed map of a land area, marking out the exact dimensions and boundaries of individual lots, roads, and common areas within a development. Here are its primary purposes:

  • Legal Documentation: It provides a legal record of the layout and dimensions of the land, establishing clear boundaries and land ownership.
  • Development Approval: Before construction begins, local authorities require a Plat to ensure the proposed development adheres to zoning laws, building codes, and other local regulations.
  • Infrastructure Planning: By showing the layout of the development, a Plat aids in planning for essential infrastructure like roads, water, and sewer systems.
  • Real Estate Transactions: It’s used in real estate transactions to accurately describe the property being bought or sold.

In essence, a Plat is crucial for both legal clarity and practical planning, acting as a blueprint that guides the development process and ensures compliance with local requirements.


Legal Questions

How do you ensure that the HOAs you create are legally compliant?

Our team stays up-to-date with Texas laws and local regulations. We integrate these requirements into every aspect of the HOA’s bylaws, declarations, and governance structures. This ensures you’re covered legally from day one.

How do you keep up-to-date with changes to the Texas Property Code?

Our team of experts review all changes made to the Texas Property Code when they are made official. We ensure newly-created HOA’s conform to these changes by updating our system with the necessary information. Our goal is to ensure the HOA's conform to the latest law set out by the Texas Property Code.


Service-Specific Questions

Do I need to file the Certificate of Formation myself, or does BuildMyHOA.com handle it?

We take care of the entire filing process on your behalf. BuildMyHOA.com submits your Certificate of Formation to the Texas Secretary of State and monitors its status until approval. Once the state confirms the official HOA (LLC or nonprofit) name, we integrate that final information into your governing documents, ensuring everything aligns with Texas legal requirements.

Do you provide post-creation support or management services?

Our primary focus is on establishing HOAs correctly. However, we offer resources and basic guidance to ensure a smooth transition post-creation. For ongoing management, we can recommend trusted partners in Texas who specialize in day-to-day HOA administration.

What if I have a unique challenge or requirement not listed in your services?

We pride ourselves on flexibility and deep expertise. If you have a specialized need or face an uncommon scenario, reach out to us—we’ll do our best to accommodate or guide you to a suitable solution.


Getting Started

How do I start the process with BuildMyHOA.com?

Reach out to us using the contact form, and we will coordinate a day and time for a 15-minute discovery call to begin the process. During this call, we'll discuss your needs and how we can assist you in creating your HOA documents seamlessly.

What are your fees?

We charge a single flat rate that covers all three governing documents, ensuring a cost-effective solution without hidden fees. Our services are considerably more affordable than hiring a law firm specializing in governing document creation, while still delivering expertly crafted, legally sound HOA documents.

Are your services available outside Texas

Currently, we focus on Texas-based developments. However, we plan to expand our offerings to other states soon. If you’re outside Texas, feel free to reach out—we’ll keep you updated on our expansion timeline and potential interim solutions.

Still have questions? We're here to help. Reach out to our team for any additional queries or to start your HOA creation journey.

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