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Selling in Circle C: Your HOA Resale Checklist

Selling in Circle C: Your HOA Resale Checklist

Selling your Circle C home? The HOA paperwork can be the smoothest part of your closing or the speed bump that stalls it. With multiple sub-associations across Circle C, it is easy to order the wrong package or miss a fee. This guide gives you a clear, local checklist based on Texas rules so you can move from contract to close with confidence. Let’s dive in.

Circle C HOA basics

Circle C is a master-planned community with several sub-associations. There is not one HOA that governs every home the same way. You need to confirm the exact association name on your deed and through the State’s management-certificate database. Use the State of Texas management certificate search to verify your association, management contact, and recorded fee details.

What the certificate includes

Texas Property Code Chapter 207 requires an HOA resale certificate with specific details. Many associations use the Texas promulgated form, TREC Form 37-5, to deliver this information. Review the package to confirm it covers:

  • Regular and special assessments and their frequency
  • Total amounts due on the property and any violations or liens
  • Capital expenditures and reserves for the current fiscal year
  • Operating budget and balance sheet
  • Insurance information and any pending litigation disclosures
  • Administrative transfer fees and a statement of all transfer-related fees
  • Managing agent contact information and any right-of-first-refusal statement
  • Whether the association may foreclose for unpaid assessments

For the full list of statutory items, see Texas Property Code §207.003 as summarized here: resale certificate requirements and fee caps.

Order timing and payment

By statute, an HOA resale certificate must be prepared no earlier than 60 days before it is delivered. You can request a capped-price update, which must be ordered within 180 days of the original certificate. To keep things current, let your title company order the initial certificate after you go under contract and request an update a few days before closing. See the timing rules in Property Code §207.003.

The HOA may charge up to 375 dollars for the resale certificate and 75 dollars for an update. The statute designates the purchaser to pay this fee unless buyer and seller agree otherwise, so check your contract. Associations may ask for payment before they begin, but they cannot process payment until the certificate is ready and may not charge if they fail to deliver within the statutory time. Details are outlined in Property Code §207.003.

Your Circle C checklist

Follow these steps to avoid surprises and keep your closing on track:

  1. Identify your exact HOA or sub-association.
  1. Pull the management certificate and dedicatory instruments.
  • Download the declaration/CC&Rs, bylaws, and rules, and note where documents are posted online as listed in the management certificate.
  1. Order the resale certificate at the right time.
  • Keep it within the 60-day window before delivery. Coordinate with title so it is fresh for buyer review. See §207.003.
  1. Verify the package contents.
  • Compare the documents to TREC Form 37-5 and the statute to catch any missing items.
  1. Confirm all fees and who pays.
  • Note the capped certificate fee and any transfer, application, or capital contribution fees disclosed in the management certificate or governing documents.
  1. Clear dues, fines, and violations.
  • Request a statement of account and resolve balances that could delay closing. Many providers include this in the resale package (typical contents).
  1. Validate transfer and contribution fees.
  • Ask the management company to show where each fee is authorized and how it is calculated, especially if a fee seems high.
  1. Request an update near closing.
  • Account balances and assessments can change. Order the capped-fee update a few days before close per §207.003.
  1. Gather ACC approvals and disclosure items.
  • Collect architectural approvals and any correspondence about violations so buyers see a clean file.
  1. Save and share everything.
  • Keep electronic copies of all documents and confirm delivery to your agent, title, and the buyer’s side.

Fees and common pitfalls

Actual HOA package costs vary by community, vendor, and rush needs. Title companies commonly see total HOA package costs in the 150 to 500 dollar range, within the statutory caps and depending on add-ons or rush fees. Verify the exact amounts early using the association’s management certificate and written fee schedule.

Common snags in Circle C include ordering from the wrong association, requesting the certificate too early, and missing transfer or capital-contribution fees that live in a sub-association’s dedicatory instruments. Recent legislative changes also shortened some deadlines and increased penalties for late delivery, so confirm current timelines when you order. The Texas Real Estate Research Center summarizes these updates here: POA power shift overview.

Prep documents to gather

Speed review and closing by assembling these items up front:

  • Management certificate and the governing documents referenced in it
  • TREC resale certificate and all HOA addenda provided by the association
  • Statement of account showing dues, fines, and any violations
  • Current budget, balance sheet, and insurance certificates
  • Architectural approvals and any correspondence related to compliance

Close with confidence

With the right HOA documents in hand, you protect your timeline, your proceeds, and your buyer’s confidence. If you want a second set of eyes on your Circle C resale prep or help coordinating the HOA package with title, let’s talk. Reach out to Kim Burke for tailored guidance and a smooth path to closing.

FAQs

What is a Texas HOA resale certificate and why do sellers need it?

  • It is a legally required disclosure package that outlines assessments, balances, budgets, insurance, and fees for a property in an HOA, typically delivered using TREC Form 37-5 and the items listed in Property Code §207.003.

How do I find my exact Circle C HOA or sub-association?

  • Check your deed and use the State’s management certificate search to confirm the recorded association name, management contact, and fee language tied to your lot.

How much does the resale certificate cost and who pays?

  • The fee is capped at 375 dollars, with a 75 dollar cap for an update; the statute designates the purchaser to pay unless you agree otherwise in the contract, per Property Code §207.003.

When should I order the HOA resale certificate for a Circle C sale?

  • Have title order it after going under contract so it is prepared within 60 days of delivery, and request a capped-fee update a few days before closing as allowed by §207.003.

What if the HOA delays or fails to deliver the certificate?

  • Texas law provides remedies and increased penalties for untimely delivery; recent legislative changes tightened deadlines, summarized by the Texas Real Estate Research Center here: POA power shift overview.

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With expertise in real estate, negotiations, and innovative marketing, I specialize in Dripping Springs, West Austin, luxury estates, and high-rise living. Committed to integrity, community involvement, and client success.

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