Pecan Hollow/FP-CS 930610 (2)QUESTION:
MEMORANDUM
How does the Homeowners' Association going about selling one
of its common areas?
ANSWER:
The Association may convey any of its common areas as provided
herein.
The Association was granted all common areas within the
perimeter of the Pecan Hollow Subdivision by Special
Warranty Deed from Pecan Hollow Joint Venture. This
conveyance includes the easement-burdened common area
located on Beechwood Lane between Lots 8 and 9 of Block
C.
Because the Association was granted common areas by a
Special Warranty Deed, any conveyance from the
Association should be by similar Special Warranty Deed,
but no more. Additionally any conveyance should be
subject to any and all documents of record as of the date
of the Special Warranty Deed and be subject to all
restrictions rules, and ordinances promulgated by the
City of Coppell.
Article VII, Section 7.4, as amended at a Special Meeting
held June 10, 1993, now provides, among other things,
that a majority of Members in Good Standing at a duly
constituted meeting at which a quorum is present may
withdraw property from the scheme of the declaration.
"Withdraw property" may safely be interpreted as removal
of such property by conveyance to an entity or person
other than the Association.
4 o
A resolution should be passed at an annual or special
meeting approving the Association's sale of the specific
common area, that the sale be a private sale, that the
Board of Directors may agree and approve the amount of
sale (at a reasonable price as similar lands are conveyed
in the immediate area), that the Association President
and Secretary are authorized to execute the Special
Warranty Deed, and that the proceeds of the sale are
placed into the Association's account or applies to
toward Association debts or improvements.
Special Warranty Deed, seven ~ Directors should be
elected and should hold their first meeting at which time
they will appoint the officers of the Association who are
thereby authorized to execute the Special Warranty Deed.
The Special Warranty Deed should be substantially the
same form as attached hereto and should be signed by the
Association President, approved by the Secretary with
Association's seal attached and notarized by a Notary
Public.
pcm2/pecnholo.doc
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS:
PECAN HOLLOW HOMEOWNER'S ASSOCIATION, INC., a Texas Non-Profit
Corporation, duly organized under the laws of the State of Texas,
with offices located in the State of Texas, hereinafter referred to
as Grantor, acting by and through its duly authorized President,
pursuant to one certain Declaration of Covenants, Conditions and
Restrictions for PECAN HOLLOW recorded in Volume 91045, Page 3769
of the Real Property Records, Dallas County, Texas, has granted,
sold and conveyed, and by these presents does hereby grant, sell
and convey unto , Grantees,
all the property listed on Exhibit "A" attached hereto and
incorporated herein for all purposes.
This conveyance is given and accepted subject to restrictions,
reservations, covenants, conditions, rights-of-way, easements,
municipal and other governmental zoning laws, regulations and
ordinances, and any other items, if any, of record in Dallas County
affecting the hereindescribed property.
TO HAVE AND TO HOLD the above-described property, together
with all and singular, the rights and appurtenances thereto in
anywise belonging to the said Grantees, Grantees' successors and
assigns forever and the said Grantor does hereby bind itself, and
its successors and assigns to Warrant and Forever Defend, all and
singular the said premises unto the said Grantees, Grantees'
successors and assigns, against every person whomsoever lawfully
claiming, or to claim the same or in any part thereof by, through
or under Grantor, but not otherwise.
EXECUTED this
day of , 1993.
PECAN HOLLOW HOMEOWNERS'
ASSOCIATION, INC.
ACCEPTED this
day of
, 1993.
By:
Its President
Seal of the Pecan Hollow
Homeowner's Association, Inc.
By:
and
Grantees
By:
Its Secretary
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the
of , 1993, by
President of PECAN HOLLOW HOMEOWNER'S ASSOCIATION,INC.
day
the
Notary Public
State of Texas
STATE OF TEXAS
COUNTY OF DALLAS
of
This instrument was acknowledged before me on the
, 1993, by
day
Notary Public
State of Texas
STATE OF TEXAS
COUNTY OF DALLAS
of
This instrument was acknowledged before me on the
, 1993, by
day
Notary Public
State of Texas
After Recording Return To:
pcm2/pecnholo.doc
EXHIBIT
Ail that certain tract of real property situated in Dallas County,
Texas, and being more particularly described as follows:
Being all of that certain Common Area situated between Lots 8 and
9, Block C, Pecan Hollow Subdivision, according to the Map or Plat
thereof, recorded in Volume 90139, Page 2914 of the Map Records,
Dallas County, Texas, and described by metes and bounds as follows:
BEGINNING at the Southwest corner of the tract conveyed
herein, on the North margin of Beechwood Lane and at the
Southeast corner of Lot No. 8, Block C of the Pecan Hollow
Subdivision;
THENCE with the Eastern boundary of Lot No. 8 North 0° 56' 25"
West 123.35 feet to the Northeast corner of Lot No. 8;
THENCE from the Northeast corner of Lot No. 8, North 89° 03'
35" East 20 feet to the Northwest corner of Lot No. 9;
THENCE from the Northwest corner of Lot No. 9, South 0° 56'
25" East 125.47 feet to the Southwest corner of Lot No. 9 and
the North margin of Beechwood Lane to a corner;
THENCE along the Northern margin of Beechwood Lane in a West-
Northwesterly direction, 20.11 feet to the PLACE OF BEGINNING,
and containing 2,488.2 square feet, more or less.
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