Short answer: A Texas HOA resale certificate gives a buyer a current snapshot of an association's dues, special assessments, unpaid amounts, reserves, legal issues, insurance, known violations and transfer fees. For an El Paso or Horizon City home in a mandatory homeowners association, the buyer should read the certificate and the related subdivision documents before the contract deadline. The contract determines who orders the package, who pays and what rights apply if it arrives late.
Published by Casa By Owner on November 4, 2026, for buyers and sellers in El Paso, Horizon City and nearby communities.
What is an HOA resale certificate in Texas?
For most Texas subdivisions with mandatory property owners association membership, "subdivision information" includes the current restrictions, bylaws and rules, plus a resale certificate. The resale certificate is the financial and legal summary for a particular property. It is not simply a letter saying that dues are paid.
The Texas Real Estate Commission's current Addendum for Property Subject to Mandatory Membership in a Property Owners Association (Form 36-11) became effective July 1, 2026. It gives the parties several ways to handle the subdivision information, so the boxes selected in the signed contract matter. TREC says this form is not intended for condominium transactions.
What information should an El Paso HOA resale certificate contain?
Under Texas Property Code Chapter 207, a resale certificate must address more than the regular monthly or annual dues. Its contents include:
- any right of first refusal or other restraint affecting a future transfer;
- regular and special assessments, including amounts due and unpaid for the property;
- approved capital expenditures, reserve amounts and portions designated for specified projects;
- the association's current operating budget and balance sheet;
- unsatisfied judgments and pending lawsuits involving the association;
- the association's insurance coverage;
- known violations of restrictions, bylaws or rules affecting the property;
- transfer-related fees, the managing agent's contact information and the association's foreclosure authority; and
- other fees payable when the property transfers.
This makes the package useful for both sides. A buyer can identify future costs and compliance concerns. A seller can find issues that might delay closing while there is still time to resolve them.
How long does the HOA have to deliver the resale certificate?
As of November 4, 2026, Texas Property Code Section 207.003 generally requires the association to deliver subdivision information no later than the 10th business day after it receives a valid written request and the required evidence that the requester is authorized to obtain it. The request must also identify where the information should be delivered.
An updated resale certificate generally must be delivered within seven business days. The original requester may request an update during the 180-day period after the original request. The statute says the association may not charge for a certificate it does not provide within the required time.
These are association delivery rules. They do not automatically extend an option period, financing deadline or closing date. Buyers and sellers should work backward from the contract dates and order early.
How much can an HOA charge for the certificate?
For requests governed by Chapter 207, the association may charge up to $375 for the original subdivision information. It may charge up to $75 for an update requested during the permitted 180-day window.
The sales contract controls whether the buyer or seller pays and may also allocate other HOA-related fees. Before signing, review the applicable fee blanks instead of assuming the association or the other party will absorb the cost.
Who orders the HOA documents and who pays in a Texas home sale?
There is no single answer for every transaction. Form 36-11 allows the parties to select among different delivery arrangements, including seller delivery, buyer procurement, prior receipt and approval, or waiver. The form also contains separate provisions allocating deposits and fees.
When a selected option provides documents after the contract is signed, the form may give the buyer a short termination window tied to actual or deemed receipt. For example, some selections use a three-day period and an outside limit of closing. Read the checked paragraph and exact dates in the executed contract; do not rely on a general summary.
What should an El Paso or Horizon City buyer review?
1. Total recurring housing cost
Add the regular HOA assessment to principal, interest, property taxes, homeowners insurance and any mortgage insurance. A lender's qualification amount and a household's comfortable budget are not always the same.
2. Special assessments and planned projects
Look for an assessment already approved, one currently due, or a major capital project that could affect future costs. Ask who is responsible under the contract if an assessment is approved before closing but installments come due afterward.
3. Reserve funds and financial condition
The balance sheet, budget and reserve disclosures help a buyer understand whether the association has funds set aside for common-area work. A low reserve is not automatically a deal breaker, but it can make an unexpected repair more likely to require an additional assessment.
4. Property-specific violations
A known violation can become a closing issue or a cost for the new owner. Confirm whether the seller will cure it, whether the association has approved the cure, and whether any fine or charge remains outstanding.
5. Use and improvement restrictions
Read the restrictions and current rules for provisions affecting parking, rentals, pets, exterior changes, solar equipment, landscaping and other planned uses. Never assume that a feature seen at another home is permitted for this property.
How can an El Paso seller prepare before listing an HOA home?
- Locate the association and management company's current contact information.
- Check the account balance and resolve unexplained charges early.
- Review the property for outstanding architectural or maintenance violations.
- Gather approvals for additions, exterior paint, sheds, walls or other changes.
- Tell the title company and real estate professional about the HOA at the start.
- Budget for the certificate, transfer fees and other amounts allocated to the seller in the contract.
Ordering too early can also create a problem: Chapter 207 requires a resale certificate prepared no earlier than the 60th day before delivery. Coordinate timing with the contract rather than purchasing an outdated package.
Does the resale certificate replace an inspection or title review?
No. The certificate describes the association and property account, but it does not evaluate the home's roof, structure, electrical, plumbing or HVAC systems. It also does not replace a title commitment or survey. Buyers can use Casa By Owner's El Paso home buyer guide to organize the broader purchase process.
Sellers preparing an HOA property can also review Casa By Owner's El Paso home selling resources.
Frequently asked questions
Is an HOA resale certificate the same as proof that dues are current?
No. The amount owed is only one required item. The certificate also addresses assessments, reserves, litigation, insurance, known violations, transfer restrictions and fees.
Can a buyer waive the subdivision information?
Form 36-11 includes a waiver option, but waiver can remove a valuable chance to review association finances, restrictions and property-specific issues. A buyer who is considering waiver should understand the contract effect before signing.
Does this process apply to condominiums?
Not in the same way. TREC states that Form 36-11 is not to be used for condominium transactions. Condominiums have different statutes and transaction forms.
How current must the resale certificate be?
Chapter 207 requires a certificate prepared no earlier than the 60th day before delivery. An eligible original requester can seek an update within 180 days after the original request.
Does "no unpaid dues" mean there is no special assessment?
No. Regular assessments, special assessments and property-specific unpaid amounts are separate disclosures. Review each line and the association budget.
Get local help with an HOA home in El Paso or Horizon City
Casa By Owner helps buyers and sellers navigate El Paso-area transactions, including homes in mandatory homeowners associations. If you are comparing an HOA property, preparing one for sale or deciding how the document deadlines fit your contract, contact Casa By Owner for local real estate guidance.
This article is general educational information, not legal advice. Contract rights depend on the signed documents and facts of the transaction. Consult a qualified Texas attorney for legal advice.
Authoritative sources: Texas Real Estate Commission Form 36-11 page; TREC Subdivision Information Including Resale Certificate (Form 37-5); and Texas Property Code Chapter 207.