Selling your home in The Woodlands? One small packet of HOA paperwork can make or break your closing timeline. If you have ever heard the words resale certificate or subdivision information and felt unsure what to do next, you are not alone. With a clear checklist and a few local tips, you can order the right documents, avoid rush fees, and keep your buyer and lender on track. Here is exactly what you need in The Woodlands and how to get it fast. Let’s dive in.
What Texas law requires
Texas Property Code Chapter 207 sets the rules for HOA and POA resale documents. Your association must deliver the required subdivision information and a resale certificate within 10 business days of a valid written request. The law allows the owner, the owner’s agent, the purchaser, the purchaser’s agent, or a title company acting for either to request the packet. It also caps fees at 375 dollars for the initial resale certificate and 75 dollars for an update. Review the full requirements in the statute for timing, contents, and fee limits in Texas Property Code Chapter 207.
The resale certificate has specific required content. It must be prepared no earlier than 60 days before delivery and include items like assessment amounts and frequency, any transfer fee, the managing agent’s contact, whether foreclosure is allowed for unpaid assessments, and any violations the board actually knows about. If your closing date drifts past the certificate’s useful window, you can request an update within the statutory period, subject to the update fee cap.
The Woodlands: who to contact first
The Woodlands has a unique setup. The Woodlands Township oversees covenant administration, residential design review, and many community records. Some neighborhoods are also managed by separate HOAs or management companies. Your first step is to identify which entity governs your specific property. You can start with the Township’s Covenant Administration page and confirm the association named in your deed or dedication.
To speed things up, verify the exact association name in county records or the Township’s Records and Property Data. Use that exact name when you order. If a private management company handles your subdivision, place the written request through their process. If the Township administers the records you need, contact Covenant Administration for guidance on the correct documents.
Your resale docs checklist
Statutory must-haves
- Current recorded restrictive covenants for the subdivision and a current copy of the restrictions.
- Current bylaws and rules of the association.
- A resale certificate prepared within 60 days that includes:
- Any right of first refusal or other restraint on transfer, with waiver details if applicable.
- The frequency and amount of regular assessments.
- Any unpaid special assessments or a status summary.
- The administrative transfer fee and who it is paid to.
- The name, mailing address, and phone number of the managing agent.
- Whether foreclosure is permitted for unpaid assessments.
- Any conditions on the lot the board actually knows are violations.
- A summary or copy of notices from government authorities about code violations that affect the lot or common areas.
- An itemized list of all fees tied to the transfer.
Helpful extras buyers and title often request
- The TREC Subdivision Information form, which aligns with Chapter 207 requirements. Many associations use it. You can see the standard form at TREC Subdivision Information.
- Recent board meeting minutes or summaries to flag pending issues or assessments.
- The current annual budget and any reserve summary or reserve study.
- An insurance summary for the common areas and association.
- Details on any pending litigation involving the association or common areas.
- Architectural or design approvals and any open violations. These are common items in The Woodlands due to RDRC and covenant review.
How to order and stay on schedule
Who can order and how to request
You, your agent, your buyer or the buyer’s agent, or your title company can submit the request. The association may ask for proof that a purchaser or purchaser’s agent has authority. Follow the association’s written request process and always include the delivery name and address for the packet, which is often the title company. For local process guidance, refer to Covenant Administration.
Timeline you can trust
The association must deliver the required items within 10 business days of a valid written request. If you need an update, the statute provides a shorter delivery window and limits when you can request it, generally within 180 days of the original issuance. If an association misses the deadline and you follow the certified mail or hand delivery second request procedure, state law provides remedies and a shortened five business day cure period. Details are outlined in Section 207.004.
Fees and who pays
Texas caps the fee at 375 dollars for the initial resale certificate and 75 dollars for an update. Associations may require payment before starting but cannot process payment until the certificate is ready. If they fail to deliver on time, they cannot charge the fee. In practice, sellers usually pay for the resale packet in Texas, but this is negotiable and should follow your contract terms. Many title companies will order the packet once they know who is paying and where to send it. The standard subdivision form used by many associations is available at TREC Subdivision Information.
Quick step-by-step
- Confirm your exact association name and management company using your deed, county records, or the Township’s Records and Property Data.
- Decide who pays per your contract and coordinate with your title company on ordering and delivery.
- Submit the written request using the association’s required form. Include the recipient’s name and delivery address. Keep proof of delivery. Requirements come from Chapter 207.
- Expect delivery within 10 business days. If your closing is far out, plan to request an update within the allowed window.
- If the association misses the deadline, send a certified or hand-delivered second request to preserve your remedies under Section 207.004.
- Review the packet for completeness and accuracy. If something is missing, escalate promptly with the association or manager.
Avoid these common hang-ups
- Ordering late. Rushing can trigger avoidable expedited fees and closing delays. Industry sources note that some associations offer rush processing for extra costs, so it pays to plan. See a practical overview of rush risks in this title tip on resale certificates.
- Leaving out delivery details. A request without a delivery name and address is not effective under the statute. Always specify who should receive the packet.
- Assuming the Township is your HOA. The Township administers covenants, but many neighborhoods have separate HOAs or management companies. Verify your exact association before ordering.
- Skipping due diligence extras. Budgets, reserves, litigation status, and recent minutes are often requested by buyers and lenders. Getting them early prevents surprises.
Special note for condos
Condominiums follow different chapters of the Property Code and use a different TREC form. If you are selling a condo, your association will complete the TREC condominium resale certificate. You can review that form at the TREC Condominium Resale Certificate.
Ready to sell in The Woodlands?
If you want a smooth closing, start your resale docs early, verify your governing association, and follow the 10 business day timeline. With the right plan, you avoid rush fees and last-minute surprises. If you would like a local partner to coordinate the packet, work with the title company, and keep your buyer on track, connect with Lauren Patton.
FAQs
What is a Texas HOA resale certificate and why does it matter?
- It is a legally required document that discloses key association information like assessments, violations, and transfer fees, and most lenders and buyers need it before closing.
How long does an HOA in The Woodlands have to deliver resale docs?
- Under Chapter 207, the association must deliver the required subdivision information within 10 business days of a valid written request that includes a delivery address.
How much do HOA resale documents cost in Texas?
- State law caps the fee at 375 dollars for the initial resale certificate and 75 dollars for an update, and the association cannot charge if it misses the statutory delivery deadline.
Who typically pays for the resale package in The Woodlands?
- The seller usually pays in Texas, but payment is negotiable and should follow your sales contract; many title companies order the packet once payment responsibility is set.
What if my HOA misses the deadline after I request documents?
- Send a certified or hand-delivered second request to trigger remedies; the law provides a five business day cure period and allows penalties if the association does not comply.
Do condos in The Woodlands use the same resale form as single-family homes?
- No, condominium associations use a different TREC condominium resale certificate with condo-specific disclosures under separate chapters of the Property Code.
