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For those living outside a city limit, in an area with no HOA --
Who enforces your deed restrictions? I assume in most cases it is a MUD. My question is: What can the MUD do to enforce these deed restrictions? Fines? Lawsuits? Liens?
Just wondering what they do in your neighborhood. Anyone have a stories (good or bad) dealing with a MUD?
I know our MUD and HOA both have the abilities to place liens and have both done so for a variety of things. I know the HOA also fines... unsure about the MUD. The MUD will fine for inappropriate usage of the MUD park...
I do love hearing about the horrendous neighbors near us who never paid their mandatory dues and have gone to sell or refinance and were unable to because of the liens and super high dues owed. Our neighbor never paid their dues for 8 years and bragged about it. They went to sell and had a lien on their house and owed pretty close to $10k...
I wasn't aware MUDs could fine you. I thought they have to do everything through the courts, because their authority comes from Texas Water Code (meaning their authority is by law, vs. by contract with the homeowners like HOAs). I figure they could put a lien on your house, but only after getting a court judgement (which would be an expensive proposition). I guess the "utility" part might include a customer agreement, maybe they could turn off the water or fine per that agreement.
HOAs should not have any authority to "fine". They are private corporations, not political subdivisions of the state.
The restrictions are always presented as a "contract" between private individuals that "chose" them. If they are private agreements between others, then why is a MUD involved?
HOAs should not have any authority to "fine". They are private corporations, not political subdivisions of the state.
The restrictions are always presented as a "contract" between private individuals that "chose" them. If they are private agreements between others, then why is a MUD involved?
Perhaps because MUDs have a legal authority by default to enforce deed restrictions (Texas Water Code 54.237), they can operate despite the existence of an HOA in the same area? I don't understand why that would happen (should be either/or), but I can see how it might. The MUD may not have the financial incentives an HOA has to enforce the rules, though. They have to do everything through court.
I like the idea of them having to go through the court. That prevents them from wasting money/effort on the more trivial violations, yet gives them the power to deal with the more serious violations.
As for the neighborhood I will probably buy a house in, they have rules that state that all architectural and landscaping changes have to be approved by a 3 person committee.
However, according to those I talked to, no such committee even exists.
So I am trying to figure out if the lack of the committee, voids that requirement OR if I have to get the approval of the ONE person who does exist, who is in charge of enforcing restrictions?
I really want to know if I can put a metal roof on the home BEFORE I agree to buy the home.
I know this is an old post but wondering if anyone else has information about MUD enforcement of deed restrictions? I live in a 30 year old neighborhood in Texas with deed restrictions but no HOA. The enforcement section of our deed restrictions only mentions litigation and does not mention fines as a method of enforcement. There have never been fines in the 30 years of the neighborhood’s existence but now the MUD has decided they will start issuing fines as a method of enforcing the restrictions. Does anyone know if this is legal? The water code only specifically mentions litigation as an enforcement method for MUDs regarding deed restrictions (although the wording is vague regarding other methods they could use) and from what I can tell most MUDs around us don’t issue fines for deed restriction violations and just use litigation. Any information would be appreciated. Thanks!
I know this is an old post but wondering if anyone else has information about MUD enforcement of deed restrictions? I live in a 30 year old neighborhood in Texas with deed restrictions but no HOA. The enforcement section of our deed restrictions only mentions litigation and does not mention fines as a method of enforcement. There have never been fines in the 30 years of the neighborhood’s existence but now the MUD has decided they will start issuing fines as a method of enforcing the restrictions. Does anyone know if this is legal? The water code only specifically mentions litigation as an enforcement method for MUDs regarding deed restrictions (although the wording is vague regarding other methods they could use) and from what I can tell most MUDs around us don’t issue fines for deed restriction violations and just use litigation. Any information would be appreciated. Thanks!
not legal, they can only do what is stated in the deed restrictions. They obviously can make up powers and some people might comply.
The deed restrictions might not even let the mud enforce them. Typically only the properties that are covered by the restrictions can enforce. Deed restrictions will often charter an HOA or other entity that can enforce them.
If your deed restrictions dont say the MUD can enforce them, Im not sure it can
I know this is an old post but wondering if anyone else has information about MUD enforcement of deed restrictions? I live in a 30 year old neighborhood in Texas with deed restrictions but no HOA. The enforcement section of our deed restrictions only mentions litigation and does not mention fines as a method of enforcement. There have never been fines in the 30 years of the neighborhood’s existence but now the MUD has decided they will start issuing fines as a method of enforcing the restrictions. Does anyone know if this is legal? The water code only specifically mentions litigation as an enforcement method for MUDs regarding deed restrictions (although the wording is vague regarding other methods they could use) and from what I can tell most MUDs around us don’t issue fines for deed restriction violations and just use litigation. Any information would be appreciated. Thanks!
A MUD is a Municipal Utility District which is nothing more than a small city that runs under General Rule Law in Texas. That means they have only the powers granted to them by State Law and limited abilities to write their own. The best explanation for your question(s) are the Statutes under the Texas Water Code, Chapters 49 and 54 which can be found here https://statutes.capitol.texas.gov/?link=WA . You would also need to view your MUD charter documents and rules for what duties they have assumed with respect to enforcing deed restrictions.
I know this is an old post but wondering if anyone else has information about MUD enforcement of deed restrictions? I live in a 30 year old neighborhood in Texas with deed restrictions but no HOA. The enforcement section of our deed restrictions only mentions litigation and does not mention fines as a method of enforcement. There have never been fines in the 30 years of the neighborhood’s existence but now the MUD has decided they will start issuing fines as a method of enforcing the restrictions. Does anyone know if this is legal? The water code only specifically mentions litigation as an enforcement method for MUDs regarding deed restrictions (although the wording is vague regarding other methods they could use) and from what I can tell most MUDs around us don’t issue fines for deed restriction violations and just use litigation. Any information would be appreciated. Thanks!
Curious if this is in the Anderson Mill area. There is already litigation concerning an out-of-control MUD. Typically it's because the HOA attorneys (yes there is a trade group) are creating ways to gin up bills. That particular MUD has been donating money to a private social club, tried to impose fining, threatened to cut off water over deed restriction violations, and even had drafted legislation to alter the existing deed restrictions this last legislative session. The MUD ended up not pursuing the bill. The litigation is still ongoing.
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