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PUD or not? Condo regime, developer controlled HOA with no fees

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RedWillAble

Freshman Member
Joined
Jan 4, 2022
Professional Status
Licensed Appraiser
State
Texas
Hello All,
The title says it all (maybe). The subject is a SFA (4 units total) under a condominium regime with an HOA. The developer is in control of the HOA, but no fees are collected. My gut is telling me this is one for an attorney, but I thought I'd ask the forum first. Is there a general rule of thumb regarding PUDs that I can reference? Any other advice would be greatly appreciated.

I apologize for being ill prepared, but I'm under the gun and otherwise would have done more digging before posting.
 
Hello All,
The title says it all (maybe). The subject is a SFA (4 units total) under a condominium regime with an HOA. The developer is in control of the HOA, but no fees are collected. My gut is telling me this is one for an attorney, but I thought I'd ask the forum first. Is there a general rule of thumb regarding PUDs that I can reference? Any other advice would be greatly appreciated.

I apologize for being ill prepared, but I'm under the gun and otherwise would have done more digging before posting.
What is a SFA? This is a new condo and not a PUD, correct? Since new, developer sets HOA. What's the issue?
 
Should have made this clearer: there are four Single Family Attached (SFA) homes on the site. The appraisals were done on a 1004, not a 1073. Being asked revise report and uncheck PUD.
 
There are four Single Family Attached (SFA) homes on the site. The appraisals were done on a 1004, not a 1073. Being asked revise report and uncheck PUD.
So it's a Condo. Again, new builders set the HOA fees and they tell me as a buyer that later, the homeowners can change it later.
 
under a condominium regime with an HOA
Not sure what you mean as a "condominium regime". They are either condos or they are not. Condominium is a form of ownership. If a new pud. Not uncommon for no hoa fees collected early in the development
 
Not sure what you mean as a "condominium regime". They are either condos or they are not. Condominium is a form of ownership. If a new pud. Not uncommon for no hoa fees collected early in the development
Regime was a code word if you didn't figured that one out.
 
Should have made this clearer: there are four Single Family Attached (SFA) homes on the site. The appraisals were done on a 1004, not a 1073. Being asked revise report and uncheck PUD.
Is there a condo plat or declaration. You said 4 sfa units. Do they each have an actual site.
 
Yes, the footprint of the first floor.

The county document for the development is titled "Declaration of Condominium Regime" (Texas)

But, the units are wholly owned from the siding on in, not just the interior airspace.

I just don't know what determines if it is a PUD or not.
 
Yes, the footprint of the first floor.

The county document for the development is titled "Declaration of Condominium Regime" (Texas)
Only in Texas.
But, the units are wholly owned from the siding on in, not just the interior airspace.

I just don't know what determines if it is a PUD or not.
You just answered your question from court document. It's a Condominium.
 
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