Buying or Selling a Home in Woodgate
The Declaration of Covenants, Conditions, and Restrictions (CC&R) highlighted below are mandatory and apply to each of the 277 homes within the Woodgate subdivision. Membership in the Woodgate Neighborhood Association (WNA) is automatic for each resident who chooses to join and pays dues. Membership in WNA is OPTIONAL and not a requirement for home ownership.
Selling a home in Woodgate requires the seller to disclose all information to the buyer, including the Declaration of Covenants, Conditions, and Restrictions (CC&R) and the Woodgate Neighborhood Association. The subdivision does not require transfer fees when selling a home. We simply work with realtors and title companies to inform prospective home buyers of the existence of the Neighborhood Association and the CC&R that are placed on each title.
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From the Woodgate CC&R: "The undersigned…hereby places on each and every lot comprising the Property the following restrictions, covenants and conditions, which are hereby made part of each and every deed hereafter executed and delivered conveying said lot(s) as if such restrictions, covenants and conditions were set out in full in such deed."
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Each lot in the subdivision is subject to a web of overlapping restrictions and agreements. The restrictions (i) do not depend on the consent of the present owner of the restricted property, (ii) cannot be avoided or modified by the present owner in the normal course of things and (iii) can be enforced against the present owner by the appropriate party whether or not the owner agrees with the restrictions, or even knows about them.
These non-consensual restrictions come from three sources: (i) the Woodgate Declarations which are filed of record in Denton County, (ii) the plat of the Woodgate subdivision which was approved by the City of Carrollton and filed of record in Denton County, and (iii) the zoning restrictions, building codes and other governmental regulations which apply to the property.
Further, the Declarations run with the land and are binding upon all successors in title to the lots in the community. These restrictions are mandatory, and each owner is bound by them simply by accepting title to a lot in the subdivision.
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Notice To Home Buyers:
As a purchaser of property in the Woodgate Subdivision in which this property is located, and only upon payment of annual dues, you automatically become a member of the Woodgate Neighborhood Association.
The Woodgate Neighborhood Association is a Texas non-profit organization created to support the Subdivision CC&R and other neighborhood projects and activities. Membership is OPTIONAL (also known as voluntary) with dues of $75.00 annually. Paying dues is highly encouraged. Each paid homeowner receives full benefits including voting rights. View Membership Benefits.
Notice To Home Sellers:
​As a seller, it is your responsibility to disclose all conditions affecting your property. This includes the perpetual Deed Restrictions. Although membership does not become effective until dues are paid, there is an existing Neighborhood Association that is OPTIONAL for buyers to be aware of, and to consider. In addition, the Woodgate Subdivision is subject to the Covenants, Conditions, and Restrictions (CC&R) placed on each home.
According to Texas law, buyers must be made aware of all property conditions in order to make an informed decision when purchasing a home. Failure to disclose, could lead to problems at closing and possible legal liability. When in doubt, disclose. Ask your realtor or legal advisor for details.
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