Madison Place Homeowners Association

Frequently Asked Questions

 

Urban Gas Drilling and Madison Place Homeowners Association

Recent interest with regards to natural gas / oil exploration in the North Texas area has brought forth inquiries from several residents as to the duty and responsibility, if any the HOA has to it's members in this matter.  After seeking expert legal counsel, the following is the HOA Board of Directors position. As always, it's advisable to seek your own legal counsel before entering into any contract or agreement.

 

Question 1: Does our HOA Board of Directors have authority to negotiate for or enter into, gas/oil leases for individual homeowners in our subdivision?

Answer 1:    No - The powers outlined in the Declaration of Covenants, Conditions and Restrictions (DCCR) do not include the power to negotiate for individual homeowners with regard to oil and/or gas leases.  Therefore, the HOA - Board of Directors has no authority to enter into oil and/or gas leases for individual Homeowners in our subdivision.


Question 2: Does our HOA have any affirmative legal duty to negotiate, enter into or otherwise become involved with regard to the mineral estates, if any, owned by the individual homeowners in our subdivision?

Answer 2:    No - As explained in Question#1, the Board has no authority to act for individuals with regards to mineral estates, if any.  Therefore, the HOA - Board of Directors has no such affirmative duty to become involved in such matters.