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Montgomery County
The Woodlands is not a city and its community association is not an HOA. It is governed by a special district, which changes who approves your repairs, who polices the neighborhood and what rights you have when a covenant is enforced against you. Atlas manages leasing, rent collection and repairs for owners across all eight villages.
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The Woodlands Township was created by the Texas Legislature in 1993, originally as the Town Center Improvement District of Montgomery County. Its enabling act describes it as a special district and a governmental agency, a body politic and corporate, and a political subdivision of the state. Voters expanded its jurisdiction to the whole 28,000 acre community in 2007, and the district was renamed by board resolution. The community covers roughly 28,500 acres about 27 miles north of downtown Houston.
The change that matters most to owners happened on January 1, 2010. Until then, municipal type services were funded by annual assessments from three community associations. On that date those associations assigned their covenants, obligations and operations to the Township, and they were legally dissolved in August 2010. The assessment was replaced by an ad valorem property tax. What would be an HOA fee anywhere else in Texas arrives here on the county tax bill, levied by a unit of government.
Residents voted on incorporation on November 2, 2021 and turned it down. The official Montgomery County canvass records Proposition A at 6,950 for and 14,890 against, close to 68 percent opposed, on a turnout of 22,066 of 68,515 registered voters. The Township notes the community may reconsider incorporation until 2057. Until then there is no municipal government here, and the practical consequences run through almost every question an owner asks.
Neighborhoods
There are eight residential villages, and which one a property sits in decides its county, its school district and which committee reviews changes to it. Six of them, and what is distinctive about each:
Before you lease
This is the single most important thing an out of state owner does not know. The Township’s enabling act states that its covenant enforcement actions are governmental functions and that Title 11 of the Texas Property Code does not apply to the district. Title 11 is where Chapter 209 lives, the Texas Residential Property Owners Protection Act.
Chapter 209 is the statute that normally gives a Texas homeowner notice and a hearing before a property owners association can fine them, a right to cure, and access to association records. Against the Township those rights are not available, and the same provision preserves the district’s governmental immunity from suit. Covenant enforcement here is a government function, not a neighborhood dispute, and it should be treated that way from the first letter.
The Township states plainly that it does not adopt ordinances or operate a traditional building department. Montgomery County does not enforce building codes for single family homes or for multifamily buildings under four units, does not have zoning, does not issue certificates of occupancy, and does not require a permit to re-roof a house. There are no final inspections on residential construction outside the floodplain, and the county notes that no codes at all were enforced before January 1, 2008.
What takes the place of all that is private and recorded. The Covenants bind most land in the community, and each parcel also carries an Initial Land Use Designation recorded as an additional restrictive covenant that limits permitted uses and building sizes and binds every future owner. The building code applies here only because the review committees adopted the International Residential Code by reference into the standards.
The approval list is longer than owners expect. Prior written approval is required for additions, interior or exterior remodeling, exterior color changes, fences, decks, paving, pools, storage buildings and garage conversions, and specifically for all roof replacement or house repainting. Replacing more than eight linear feet of fence needs approval. Altering more than 50 percent of a dwelling requires a permit. Committees act within 45 days, and each village elects its own Residential Design Review Committee, so the people reviewing your project are neighbors rather than staff.
The covenants require registration of any single family dwelling rented for less than 30 consecutive days. Approval comes from the Development Standards Committee and carries a 500 dollar compliance deposit, proof of insurance naming The Woodlands Township as a certificate holder, and a designated responsible party in the local area available 24 hours a day to respond in person. Occupancy is capped at two people per bedroom and posted in the unit, renters must be at least 21, and the approval number has to appear on every listing.
Two provisions catch investors. Approval lasts up to a year, is not renewed automatically and must be reapplied for, and it terminates automatically when ownership transfers, so a buyer cannot inherit the seller’s registration. Owners are liable for violations committed by their renters, and the enforcement ladder runs from a warning with 15 days to cure, to half the deposit, to the full deposit with revocation and suit. Lodging tax totals 15 percent, 6 percent to the state and 9 percent to the Township, and the Township’s tax attaches at 2 dollars per day against the state’s 15.
Owners are told constantly that Lake Conroe releases threaten The Woodlands. The drainage geography says otherwise. Lake Conroe dams the West Fork of the San Jacinto River and its releases run down the West Fork past Conroe toward Porter, Humble and Lake Houston. The Woodlands drains instead into Bear Branch, Panther Branch and Spring Creek, which joins the West Fork downstream of the community.
The gauge record bears that out. During Hurricane Harvey the West Fork set all time records, yet the USGS gauges inside The Woodlands peaked below their 2001 marks: Panther Branch at Gosling Road reached 6,300 cubic feet per second against 9,040 during Tropical Storm Allison in June 2001, and Bear Branch at Research Boulevard reached 3,660 against 4,980. The flood of record on this community’s own streams is Allison, not Harvey, and the 2016 Tax Day flood also outran Harvey on Panther Branch.
Two practical notes. Montgomery County has no flood control district and no countywide drainage district, and an attempt to create one in the 1980s failed at the ballot box. Day to day drainage is maintained by Woodlands Water and the ten municipal utility districts as an open ditch and creek system, and the Township itself has no flood or stormwater authority at all.
Services
Atlas manages rental homes across all eight Woodlands villages, from Grogan’s Mill and Indian Springs to Sterling Ridge and Creekside Park. We handle leasing, tenant screening, rent collection, maintenance and inspections, and we deal with the covenant approvals that come with owning here. Atlas is available 24 hours a day, 7 days a week for emergencies.
FAQ
No. The Woodlands is governed by The Woodlands Township, a special district and political subdivision created by the Legislature in 1993. There is no municipal government, no city building department and no municipal police force. Residents voted against incorporation on November 2, 2021 by roughly 68 percent, and the community may reconsider it until 2057.
Yes. The covenants require prior written approval for all roof replacement and for house repainting, along with additions, remodeling, exterior color changes, fences, decks, paving and pools. Approval comes from your village Residential Design Review Committee, whose members are elected by residents of that village, and the committee acts within 45 days of a complete application.
No, and this surprises most owners. The Township’s enabling act provides that its covenant enforcement actions are governmental functions and that Title 11 of the Texas Property Code does not apply to the district. Chapter 209, the Texas Residential Property Owners Protection Act, sits in Title 11, so the notice, hearing and right to cure protections owners normally have against a property owners association are not available here.
Yes, with registration. Any single family dwelling rented for fewer than 30 consecutive days needs Development Standards Committee approval, a 500 dollar compliance deposit, insurance naming the Township as a certificate holder and a local responsible party available 24 hours a day. Approval must be renewed annually and terminates automatically when the property is sold, so a buyer has to register again.
The drainage does not run that way. Lake Conroe dams the West Fork of the San Jacinto, and releases travel down the West Fork toward Porter, Humble and Lake Houston. The Woodlands drains into Bear Branch, Panther Branch and Spring Creek instead. During Harvey the West Fork set records while the gauges inside The Woodlands peaked below their 2001 Tropical Storm Allison levels, which remain the flood of record on these streams.
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