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TREC 37-5 — Subdivision Information, Including Resale Certificate for Property Subject to Mandatory Membership in a Property Owners' Association

This is the official TREC resale certificate that a Property Owners' Association (POA) completes to disclose subdivision information to a prospective buyer under Texas Property Code Chapter 207. It provides critical financial and legal information about the association including assessments, unpaid

Source: TREC

Form Number: 37-5

Category: Other

Revised: February 10, 2014

Used For

Residential Sales

Form Outline

The TREC 37-5 form is organized into the following sections:

Header and Property Identification
Identifies the subject property and the association preparing the certificate, tying the disclosure to a specific property and POA.
Right of First Refusal
Indicates whether the POA or another party holds a right of first refusal or transfer restriction. Critical for buyers to know before committing.
Current Regular Assessment
Discloses the recurring assessment amount and frequency. A key ongoing cost the buyer must budget for.
Special Assessment
Reveals any non-recurring special assessment that has been approved or levied, with payment terms and purpose.
Total Unpaid Amounts Attributable to Property
Total unpaid obligations owed to the POA for this property. These amounts typically constitute a lien that must be cleared at closing.
Capital Expenditures
States board-approved capital spending for the current fiscal year, indicating planned infrastructure or facility improvements.
Reserves for Capital Expenditures
States the POA's reserve fund balance for capital expenditures. Healthy reserves indicate the association can fund repairs without special assessments.
Unsatisfied Judgments
States whether the POA has unpaid court judgments, which can affect financial stability and potentially increase assessments.
Pending Lawsuits
Reveals whether the POA is involved in litigation and provides case names and numbers. Pending lawsuits can indicate governance problems or financial exposure.
Known Violations of Restrictions
Reveals whether the board knows of existing violations on the property. The buyer inherits responsibility for unresolved violations upon purchase.
Governmental Health or Building Code Violations
Reveals governmental code violation notices affecting the property or common areas. Attached copies provide details on compliance issues.
Administrative Transfer Fees
States POA transfer fees for ownership changes and requires itemized descriptions. These fees are typically paid at closing.
Managing Agent Information
Identifies the management company or agent handling POA operations with full contact information for assessment payments, requests, and inquiries.
Foreclosure Rights
Reveals whether the POA has authority to foreclose for unpaid assessments. Foreclosure authority means the POA can force sale of the property for delinquent dues.
Required Attachments
Lists the seven mandatory documents that must accompany the completed certificate, covering governance, finances, insurance, and compliance.
Notice, Signature, and Association Information
The POA's authorized representative signs and dates the certificate, establishing the 'as of' date for all disclosed information.

How RaiderX Agents Use This Form

When you upload a signed TREC 37-5 to a deal in RaiderX's Deal Manager, it reads the form's key dates and terms and automatically builds out your deadlines, contingencies, and tasks — so nothing slips through the cracks between contract and closing. Forms with a fill map also support e-signature directly inside RaiderX, so you can send this document for signature without leaving the platform.

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