Addendum

TREC 36-11Addendum for Property Subject to Mandatory Membership in a Property Owners Association

This addendum addresses the buyer's right to review the Subdivision Information (deed restrictions, bylaws, rules, and resale certificate) for properties in a mandatory Property Owners Association (POA/HOA). It establishes who obtains and pays for the Subdivision Information, sets deadlines for deli

Source: TREC
Form Number: 36-11
Category: Addendum
Revised: May 4, 2026

Used For

Residential Sales, Farm & Ranch, Vacant Land

Form Outline

The TREC 36-11 form is organized into the following sections:

  1. Header and Property Identification
    Identifies the property and the POA/HOA associated with it, linking this addendum to the main purchase contract.
  2. Subdivision Information
    Establishes who obtains and pays for the Subdivision Information (restrictions, bylaws, rules, resale certificate) and the buyer's termination rights around it. 2026 change: under option 2, a Buyer who obtains the Subdivision Information is no longer obligated to deliver a copy to the Seller.
  3. Material Changes
    Requires the Seller to promptly notify Buyer of any material changes to the Subdivision Information discovered before closing. Buyer can terminate if information was false or materially changed.
  4. Fees and Deposits for Reserves
    Caps the transfer-related Association charges the Buyer pays; Seller pays any excess. 2026 addition: if this paragraph conflicts with the allocation of charges in the Subdivision Information, this paragraph controls.
  5. Authorization
    Authorizes the HOA to release information to transaction parties. Also determines who pays for title company information requests when the buyer has waived the Subdivision Information requirement.
  6. Notice to Buyer Regarding Repairs by the Association
    Warns the Buyer that the HOA may be solely responsible for certain property repairs (common areas, exterior elements, etc.), and advises the Buyer not to sign unless satisfied the HOA will make needed repairs.
  7. Signatures
    Both Buyer(s) and Seller(s) must sign the addendum for it to be effective. The form provides two signature lines each for Buyer and Seller.

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