Land Development

Change in Foreclosure Sale Dates

Texas public foreclosure auctionPublic foreclosure sales in Texas currently take place on the first Tuesday of the month.

Under a new law effective September 2017, foreclosure auctions in the months of January and July will instead occur on the first Wednesday of those months if the first Tuesday falls on January 1 or July 4.

All public foreclosure sales must take place between 10:00 a.m. and 4:00 p.m.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Land Surveying in Three Sentences

The Board of Professional Land Surveying is charged with licensing, regulating, and disciplining land surveyors in the state of Texas.texas land surveyor land surveying

Professional surveying includes any work involving the application of “special knowledge of the principles of geodesy, mathematics, related applied and physical sciences, and relevant laws to the measurement or location of sites, points, lines, angles, elevations, natural features, and existing man-made works in the air, on the earth’s surface, within underground workings, and on the beds of bodies of water to determine areas and volumes for: (i) locating real property boundaries; (ii) platting and laying out land and subdivisions of land; or (iii) preparing and perpetuating maps, record plats, field note records, easements, and real property descriptions that represent those surveys.”

According to the Bureau of Labor Statistics, perhaps unsurprisingly, the industries that employ the most land surveyors are architectural and engineering, government, and construction.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

In the News: You Can’t Hang that Flag in this Neighborhood

A Fort Worth homeowners’ association is reported here and here as disallowing its residents from flying an American flag. State law prohibits HOAs from disallowing homeowners from flying the Texas flag, the flag of any branch of the United States armed forces, and the United States flag, subject to certain restrictions.

The hangup? The flags at issue aren’t red, white, and blue. The banned flags are black, white, and blue: a representative tribute to law enforcement, especially those injured and killed in the line of duty. s-l300

Homeowners are reportedly being issued citations.

How is this issue to be resolved? At the end of the day, the homeowners govern themselves. Therefore, they ultimately should have the ability to change the rules through their voting power, should they so choose. For now, however, the HOA is reported to be controlled by its developer. This isn’t unusual during the early stages of a neighborhood’s development.

What protocols are in place to motivate the developer to adhere to the will of the homeowners during the developer’s control period? Has the developer received complaints from other homeowners about these “non-conforming” flags? If the developer allows these non-conforming United States flags, does it open the door to having to allow other, non-conforming flags and symbols?

In our In the News series, we use an article or topic that has been featured recently in the news as a potential learning opportunity.

 

Construction Loan Financing in Three Sentences

texas construction loan financingA great number of project owners/developers fund construction projects by obtaining construction loans. A construction mortgage loan (a.k.a. an interim loan) is a short-term loan used to build the improvements on the land. Often, once the improvements are complete, owners/developers utilize a prearranged, long-term permanent mortgage loan (a.k.a. final loan) to finance the entire project, which includes retiring the construction mortgage loan.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Membership Camping Resorts in Three Sentences

texas membership camping resort lawMembership camping resorts are properties available for camping by purchasers of a membership right. Texas law governs various aspects of these property interests, such as by requiring registration of brokers and imposing sale disclosure statements, among other things. Many resorts have their own rules, restrictions, and/or covenants that may regulate use of the properties, too.

 In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Zoning in Three Sentences

texas zoning lawZoning is the law controlling the types of structures that may be built in different geographical locations often, although not exclusively, within a municipality. The City of Dallas, for example, has established 11 different zoning districts under Chapter 51A of its city code. Texas municipalities are not always required to establish zoning rules.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

So What Exactly Do You Need to See? (Required Inspections — Part 2)

texas required inspectionsCertain aspects of the construction process must be inspected by the authority having jurisdiction over the development process. A general overview of required inspections is here. In that post, we listed mechanical, electrical, and plumbing as examples of different inspections that may be necessary. But what specific inspections are required?

It depends on the applicable law. In the City of Dallas, at least of the time of this post, a person may reasonably expect the following:

A. Required Building Inspections

  1. Foundation
  2. Rough frame
  3. Finish frame
  4. Insulation
  5. Final building

B. Required Electrical Inspections

  1. Temporary construction power pole
  2. Rough (when any electrical equipment or wiring is to be hidden from view by any permanent portion of the building or by burial)
  3. Final (after structure is completed)

C. Required Plumbing Inspections

  1. Rough (when any sewer, gas, or water piping is to be hidden from view)
  2. Final (after structure is completed)

D. Required Mechanical Inspections

  1. Rough and duct (before work is concealed from view by a permanent portion of the structure or by burial and before ducts are insulated)
  2. Final (after structure is completed)

E. Required Irrigation Inspections

  1. Rough (performed by reviewing irrigation designs and inspecting prior to the concealment of irrigation piping, control valves, and wiring)
  2. Final (after structure is completed)

F. Special/Other Inspections

  • A building official may also make or require any other inspection of any construction work to ascertain compliance with codes and ordinances

So, what do you think? Overkill or a good idea to have these systems reviewed?

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.