MUDs vs HOAs

HOA’s typically carry responsibility for maintaining their common areas, any HOA-owned recreational facilities such as pools and playgrounds, and for enforcing Deed Restrictions. None of those things involve Montgomery County Municipal Utility District 95 (MC MUD 95). In general, there is very little overlap between what MC MUD 95 does and what the HOA (Harper’s Preserve) does.

MC MUD 95 provides water, sewer, and local drainage/detention services (collectively referred to as WS&D) within the boundaries of the District. This includes maintenance and repair of infrastructure (water tanks, fresh water supply, and water lines; sewer lines and sewer treatment; drainage facilities such as culverts, storm drains, detention ponds). MC MUD 95 must also plan for future needs related to those responsibilities. Besides these primary responsibilities, MC MUD 95 contracts for garbage collection.

From time to time, the MUD may develop, expand, or enhance recreational facilities such as trails and walking paths. To date, the MUD’s role has been to assist with the financing of certain recreational facilities constructed by the developer. The District does not have responsibility for or oversight of the HOA common areas, playgrounds, swimming pools, or recreational facilities.

Responsibility for mowing within the MUD’s boundaries is divided between several entities. Mowing of MUD facilities, paid for by the District, includes the drainage channel and a few other areas such as along trails.

The HOA is responsible for the maintaining the private roads in the MUD. Occasionally, the MUD will repair or maintain the drainage system that is within the right-of-way, but only on a limited basis.

The MUD provides Water, Sewer, and Drainage (WS&D) services, etc., for the entire District without regard for the boundaries of the HOA.

The MUD also pays for WS&D infrastructure (including water tanks, water lines, sewer lines and sewer treatment, and storm drainage).

The HOA provides their services (including Deed Restriction enforcement, common area maintenance, electricity for streetlights, etc.) within the boundaries of the HOA.

The MUD has nothing to do with Deed Restrictions, individual lawn maintenance, appearance and exterior painting of homes, etc.

The HOA has nothing to do with the MUD’s WS&D responsibilities.

MUDs are created by the State of Texas. An HOA is typically created by the Subdivision’s Developer at the time the subdivision is being planned. MUDs are supported by monthly water bills and annual property taxes. HOAs are supported by annual dues and other special assessments. MUDs utilize a number of specialized consultants; HOA’s typically utilize a single Property Management firm.

The qualification and election of MUD Directors is regulated by the State of Texas. The election of HOA Directors is conducted under rules described in each HOA’s Covenants and other documents.

Harper’s Preserve HOA is fully separate from the MUD. MC MUD 95 encompasses the HOA.

MUDs HOAs
Created by State of Texas (TCEQ or Legislature) Subdivision’s Developer at time of planning
Supported by Monthly water bill & Annual property taxes Annual dues & special assessments
Utilize for operation A number of specialized Consultants A single Property Management firm
Level of regulation Highly regulated Moderate regulation
Election of Directors Regulated by State of Texas Conducted under rules of the HOA’s Covenants

Upcoming Meetings

Wednesday, July 10, 2024 at Noon

The District generally meets on the second Wednesday of the month at noon at 1300 Post Oak Boulevard, Suite 2500, Houston, Harris County, Texas 77056.

Quick Links

THE CONTENT CONTAINED IN THIS WEBSITE IS PROVIDED BY MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 95 (THE “DISTRICT”) AS A SERVICE TO THE PUBLIC. THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED UPON OR USED AS INFORMATION FOR THE PURPOSES OF SECURITIES DISCLOSURE ABOUT THE DISTRICT, ITS FINANCIAL CONDITION, THE BONDS OF THE DISTRICT OR PROPERTY OF THE DISTRICT. PERSONS SHOULD NOT RELY UPON THIS INFORMATION WHEN CONSIDERING WHETHER TO BUY, SELL, OR HOLD BONDS ISSUED BY THE DISTRICT OR THE PROPERTY IN THE DISTRICT. ALL INFORMATION CONTAINED HEREIN SPEAKS ONLY AS OF THE DATE INDICATED. THE DISTRICT ASSUMES NO DUTY TO UPDATE ANY INFORMATION CONTAINED HEREIN. LINKED SITES ARE NOT UNDER THE CONTROL OF THE DISTRICT, AND THE DISTRICT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE. LINKS ARE PROVIDED ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THE ENDORSEMENT BY THE DISTRICT OF THE SITE.