MUD District Questions/Concerns

We built/purchased our home in November of last year. When we did, the subdivision claimed to be part of a MUD district but could provide no evidence to back it up. My realtor and I did extensive digging (including calling the place who manages the MUD districts) and they said they couldn't find any MUD district associated with the address/subdivision. I checked all the tax records of the houses in the neighborhood that had already been built for long enough to incur property taxes and no one had paid property taxes.

I just checked the appraisal district page, and it's showing us in a MUD! I still don't see where any of our neighbors are paying this, but the 2018 property tax statement isn't out yet.

Here's my question: is it legal to start randomly charging a MUD fee when it's never been charged before? Wouldn't they have to get all the existing homeowners to agree to the creation of a MUD district? We are within Conroe city limits and pay our water/sewer to the city.

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Greg Buchanan
Bronze
6 years ago

If I had this question, I would first go back to the title company that issued my title commitment and title policy and have them research their tax service that issued the tax information for your purchase. They had to determine if your property was being taxed by a MUD district properly. Where you pay your water/sewer/trash bill (in this case to the City of Conroe) may not be a reliable factor in determining your responsibility to pay a MUD tax. The utility sharing agreements and annexation po...

If I had this question, I would first go back to the title company that issued my title commitment and title policy and have them research their tax service that issued the tax information for your purchase. They had to determine if your property was being taxed by a MUD district properly. Where you pay your water/sewer/trash bill (in this case to the City of Conroe) may not be a reliable factor in determining your responsibility to pay a MUD tax. The utility sharing agreements and annexation policies for growing cities can be complex. When your MUD was formed, It filed a boundary map with the TNRCC (State of Texas) and it was approved by the state. They were then given authority to set up their board, establish an infrastructure plan, and sell bonds to start construction. It is common for the MUD to only service the areas in their district as the demand is present, so the infrastructure costs can be kept down and increased only as necessary to serve new customers as they are ready. If a city annexes some of the district area before the infrastructure is complete, sometimes the city as part of the annexation plan will install the new lines and bill those customers on those lines, but you may still be responsible to help pay on the bonds that were sold to build the initial infrastructure if your property is in their boundary. In days past, when cities annexed areas they sometimes paid off MUD bonds or took them over as part of the annexation, but that is not happening as much any more as cities are now having tighter budgets. Talk to your title company, representatives for the MUD District, and the city utility administration - someone will have the complete story for you. This should have been determined and fully disclosed to you prior to your closing in my opinion. One of the questions on the Seller Disclosure is who do you pay utility bills to? When you see "City of Conroe" for water/sewer and then you see a tax for a MUD district - red flags should have gone up

source:
40 years of experience in developing subdivisions and property management.
Jue Wang
Bronze
7 years ago
Does anyone can help me pull the MUD districts, from Matrix or somewhere, I know the MUD area, but can not find the MUD district notice.
Tks
Ronald Reagan
Bronze
7 years ago
As it has been said the MUD is usually established at the beginning of the neighborhoods formation and is to pay for all of the utility services for the neighborhood.

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Melissa Blizzard
Bronze
7 years ago
Good Morning!

As already mentioned, the MUD is usually established at the beginning of the neighborhoods formation and is to pay for all of the utility services for the neighborhood. I think it would be best for you to contact the city if Conroe and ask them to clarify it for you, since you and your realtor have already done extensive research on it and haven't found anything concrete.

I hope you have a wonderful day!

Melissa Blizzard
United Real Estate
281-796-5242
Ryan Kohn
Diamond
7 years ago

MUD districts are created to provide utilities for developers, typically water, sewer and/or trash. The MUD district should have been established prior to breaking ground on development. The sellers should have also given you a notice that the property was located within a MUD district, if omitted, you should have signed a disclosure while at closing. While I can not verify legalities, if you are in a MUD district and have water, the district was established even if the addition to the tax bill ...

MUD districts are created to provide utilities for developers, typically water, sewer and/or trash. The MUD district should have been established prior to breaking ground on development. The sellers should have also given you a notice that the property was located within a MUD district, if omitted, you should have signed a disclosure while at closing. While I can not verify legalities, if you are in a MUD district and have water, the district was established even if the addition to the tax bill is delayed.If you look at your purchase contract, you will also see a paragraph regarding annexation which has to do with boundaries and tax authorities.

Darby Grimmett
Diamond
7 years ago
Hi Allie,

Being as a MUD provides water, sewer and drainage and you pay the City of Conroe for water, I would recommend calling the county on this one for more information / clarification.

Darby Grimmett
Keller Williams Realty
936-827-9217
 Email 
Disclaimer: Answers provided are just opinions and should not be accepted as advice.

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