Memorial Villages Deed Restrictions Explained

Thinking about renovating or building a new home in the Memorial Villages? You are smart to ask questions early. These six municipalities protect neighborhood character with recorded deed restrictions and active architectural review, which can shape everything from your footprint to your roofline. In this guide, you will learn how restrictions work, what approvals you need, and the due diligence that keeps your project on track. Let’s dive in.

Memorial Villages overview

“Memorial Villages” refers to six independent municipalities in western Harris County: Bunker Hill Village, Hedwig Village, Hilshire Village, Hunters Creek Village, Piney Point Village, and Spring Valley Village. Each village operates as a separate legal entity with its own recorded deed restrictions, municipal codes, permitting process, and local Architectural Control Committees (ACCs). Because rules vary by village and by subdivision, there is no single set of standards that applies to all properties.

What deed restrictions mean for you

Deed restrictions, also called restrictive covenants or CC&Rs, are recorded private agreements that run with the land. They set limits on use and design, such as residential-only clauses, setbacks, materials, and other site standards. Many neighborhoods use an ACC to review plans and grant approvals or variances, based on the covenants.

Each village also has its own municipal code and building-permit process. Municipal approval does not replace ACC approval, and vice versa. Both reviews may apply to your project, and both are enforceable.

Enforcement and remedies

If work does not follow the covenants or local codes, enforcement can include stop‑work orders, civil actions, or orders to remove or modify noncompliant construction. Fines may apply if allowed by the CC&Rs or municipal code. Neighbors, associations, committees, and municipal staff can all play a role in enforcement.

Variances and changes

Restrictions are recorded instruments and remain in effect until amended or released through the procedures stated in the document. Amendments often require the consent of a set percentage of owners or an express release. Variances, when available under the CC&Rs, are case‑specific and may not bind future committees unless recorded as provided in the covenants.

Common design controls to expect

Exact provisions differ by village and subdivision, but many Memorial area CC&Rs and ACC guidelines address:

• Site planning and setbacks
  • Required front, side, and rear setbacks for structures.
  • Driveway placement and curb‑cut rules.
• Height, massing, and lot coverage
  • Height limits and controls on footprint or lot coverage.
  • Floor Area Ratio or scale standards used to protect neighborhood character.
• Exterior materials and character
  • Allowed materials and roof types; prohibited colors or finishes.
  • Requirements to align with neighborhood aesthetics.
• Fences, walls, and gates
  • Height limits, visibility standards, and permitted materials.
• Pools and accessory structures
  • Setbacks for pools, cabanas, and guest houses; screening and lighting controls.
  • Size and placement limits for accessory buildings and whether ADUs are allowed.
• Landscaping, trees, and drainage
  • Tree preservation and replanting rules, including processes for removal.
  • Grading and stormwater requirements to prevent runoff impacts.
• Easements and hardscaping
  • Prohibitions on building over utility easements; rules for driveway widths and impermeable surfaces.
• Use and occupancy
  • Residential‑only rules and restrictions on commercial activity or short‑term rentals, as provided in the CC&Rs.
• Signage and temporary structures
  • Standards for for‑sale signs, construction signs, and temporary storage during projects.
• Maintenance and nuisance controls
  • Lot upkeep, screening of equipment, and noise or nuisance provisions.

The approval process

A clear, complete process reduces surprises. Plan to:

1. Confirm the recorded deed restrictions for the specific lot through the title commitment and county records.
2. Order a current boundary survey and, if trees matter, a tree survey.
3. Meet or speak with the village building department and the ACC to understand submission checklists and expectations.
4. Prepare detailed architectural and site plans, elevations, materials, drainage, and tree protection plans for ACC review.
5. Submit to the ACC for approval, conditional approval, or denial. If denied, ask about revisions or a variance if allowed.
6. Secure municipal building permits after ACC approval, or coordinate submittals if both reviews allow parallel processing.
7. Build to the approved plans, schedule inspections, and avoid unapproved changes.

Timelines to expect

ACC review timelines vary by village and project scope. New builds and major site changes often take several weeks to a few months. Municipal permitting timelines also vary with staffing and the need for engineering reviews. Build in contingency time for revisions or variance requests.

Fees and risks

You should expect plan review, permit, and inspection fees, along with possible escrow or performance bonds tied to tree protection or right‑of‑way restoration. The cost of removing or correcting unapproved work can be substantial. Do not start construction without the required approvals.

Due diligence before you buy

Ask the seller or listing agent for:

• Complete copies of recorded CC&Rs and amendments for the lot.
• Any ACC approvals, variances, or recorded special exceptions.
• A current survey that shows improvements and any encroachments; a tree survey if available.
• Copies of municipal permits and inspection records for recent work.
• Disclosure of any enforcement notices, pending actions, liens, or assessments related to covenant issues.

Before you sign an offer:

• Review the title commitment for covenants and exceptions with your title company and a Texas real estate attorney.
• Order a current boundary survey and, if needed, an ALTA survey to locate easements.
• Contact the village building department and ACC staff, or review their guidelines, to confirm likely requirements and whether any prior variances exist.
• Include contingencies for approvals, surveys, and financing that match realistic plan review timelines.

Build the right local team

For a smooth experience, assemble a team with Memorial Villages experience:

• A real estate agent who knows the villages’ ACCs and permitting process.
• A Texas real estate attorney to review covenants, variances, and contract terms.
• A title company experienced with Harris County deed‑restriction searches.
• An architect and design team who have delivered projects in the same village.
• A licensed surveyor for boundary and tree surveys.
• A civil engineer for drainage, grading, and utilities.
• A certified arborist when tree protection or mitigation is required.
• A local builder with a track record of compliance with ACC‑approved plans.

Property Collective Group coordinates with trusted local professionals and helps you set the right approach and timeline from day one.

Memorial Villages issues to watch

• Separate municipalities. What is acceptable in one village may not be acceptable in another. Confirm the rules that apply to your lot.
• Mature trees and lot character. Large, established trees are a hallmark of the area, and tree protection rules can affect your building envelope, driveway placement, and pool location.
• Neighborhood scale and precedent. ACCs often review massing and scale against neighborhood character, not just measurements.
• Lot irregularities and easements. Older plats may include easements or right‑of‑way conditions that limit pools, driveways, or accessory structures.
• Floodplain and drainage. FEMA designations and local drainage rules can influence design and insurance requirements.
• Prior variances. Verify whether any previous approvals were recorded and whether they remain effective.
• Team reputation. ACCs often respond more favorably to experienced, locally known architects and builders.

Smart negotiation tips

• Require the seller to deliver all recorded restrictions and any ACC approvals for your review.
• Add an approval or variance contingency tied to ACC and municipal timelines, with the right to terminate or renegotiate if approvals are not granted.
• Consider escrow holdbacks or repair agreements to address known issues or incomplete items.

Bottom line

Deed restrictions and architectural oversight are central to life and design in the Memorial Villages. They help preserve neighborhood character and property values, but they also set real limits on site planning, massing, materials, and timing. With early due diligence and the right local team, you can align your vision with village expectations and protect your investment.

If you are weighing a renovation or new build, let us help you plan the path. Connect with the experienced team at Property Collective Group to discuss your goals and next steps.

FAQs

Do Memorial Villages permits guarantee ACC approval?

• No. Municipal permits and ACC approvals are separate reviews. Most projects require both, and one does not substitute for the other.

Can Memorial Villages deed restrictions be changed?

• Yes, but only through the amendment or release procedures in the recorded covenants, which often require significant owner consent and time.

What if a neighbor ignores the deed restrictions?

• Enforcement can come from neighbors, the association or ACC, and municipal code processes. Remedies may include injunctions, fines if allowed, or orders to remove noncompliant work.

How long does ACC approval usually take in the Villages?

• Timelines vary widely by village and project scope. Expect several weeks to a few months for major builds. Confirm the current schedule with the specific village.

Should I hire an architect before making an offer in the Villages?

• If you plan to renovate or rebuild, early talks with a local architect and the ACC help surface constraints, costs, and timelines before you commit.