Introduction to the Terlingua Ranch Maintenance Association Over the years it has become evident that many buyers on Terlingua Ranch has associated the annual assessments with the provision of various services. The use of the term "maintenance" in the title and elsewhere in the document establishing the TRMA has caused misunderstanding regarding the rights of owners to withhold payment of assessments if they feel they are not receiving certain services such as road maintenance. It is important that owners understand that the TRMA does not represent a contract for service and is not subject to the laws governing contracts. The Terlingua Ranch Maintenance Association agreement (“TRMA”), administered by the Property Owners Association of Terlingua Ranch, Inc. (“POATRI”), is a maintenance association to which all real property in Terlingua Ranch is subject. As a maintenance association and as provided in TRMA Section IV.:
“The Maintenance Fund shall be used by Administrator (ie; POATRI) for the common good and benefit of owners of Terlingua Ranch without regard to whether or not maintenance funds are collected from the benefited portion of Terlingua Ranch.”
One of the purposes for which the Maintenance Fund may be used is:
“For improving and maintaining roads located within Terlingua Ranch” (Section IV, paragraph C)
Accordingly, the TRMA is a maintenance association, not a “services contract.” Road maintenance is performed on a rotating basis as funding and weather conditions permit.
Assessments collected from property owners are for “…the common good and benefit…” of all owners of property on Terlingua Ranch. There is nothing in the TRMA which dictates POATRI must first perform road maintenance on any specific road before annual assessments are due and payable. Rather, the TRMA specifies annual assessments are due and payable when invoiced pursuant to POATRI’s bylaws and the funds collected may be used for “…improving and maintaining roads…” on Terlingua Ranch.
Road maintenance is a service that POATRI feels is important to the “common good and benefit” of a majority of our members and emphasis has been placed on the repair and maintenance of roads both in the POATRI Strategic Plan and within recent budgets.
All owners should be aware that the TRMA allows POATRI to place a lien on Terlingua Ranch property should annual assessments become delinquent. Once declared in default, POATRI also is authorized by the TRMA to foreclose on property for the failure of an owner to pay annual assessments.
The document establishing the Terlingua Ranch Maintenance Association, along with all amendments may be reviewed by clicking here.
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