Author Archive: jasperx

Oct. 2, 2019 City Council Candidate Forum

Combined GOCC/SN 12 District C City Council Candidate Forum – Wednesday October 2

Candidates participating:
Candelario Cervantez
Michelle Ganz
Rodney Hill
Gladys House
Abbie Kamin
Shelley Kennedy
Sean Marshall
Greg Meyers
Bob Nowak
Daphne Scarbrough
Mary Jane Smith

Sept. 3, 2019 Mayoral Candidate Forum

Combined GOCC/Super Neighborhood 12 Mayoral Candidate Forum

Candidates participating:
Mayor Sylvester Turner
Bill King
Tony Buzbee
Sue Lovell
Dwight Boykins
Kendall Baker
Derrick Broze
Naofal Houjami

August 1, 2019 Church Parking Lot Update

Church Parking Lot

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November 7, 2018 Update

pdf of Update: Commercial Development
pdf of Letter from the Developer, Gulf Coast Development Group: GCCG Neighbor Letter
pdf of Declaration of Restrictions: DECLARATION OF RESTRICTIONS

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Section 1 Member Town Hall

Where: Garden Oaks Montessori Magnet
901 Sue Barnett Dr.
Cafeteria

When: Wednesday, April 18, at 7:30 p.m.

What: Informational meeting about the proposed sale of and release of deed restrictions for the Garden Oaks Baptist Church’s parking lot on Shepherd between the Chase Bank and Gabby’s.
The neighborhood attorney, Austin Barsalou, will be present and available to answer questions.

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Message from Vic Seghers, V. President of GOMO regarding the proposed Development in Section 1

I have not vetted the information below with my fellow GOMO Directors, but I believe it to be accurate. It is based on prior conversations with Patrick Barry from Gulf Coast, GOMO Board meetings, and emails with the neighborhood attorney, Austin Barsalou. After this was posted on social media, some corrections have been made.

There have been some statements on social media lamenting specific information on the Gulf Coast-Section 1 proposal from GOMO. Frankly, there is limited bandwidth with a depleted GOMO Board in dealing with the conclusion of the Section 3 litigation, bankruptcy, and possible re-formation issues in addition to a project driven by a private enterprise on their timetable. There is only so much that we can do given our current circumstances.

First, a bit of clarification. I wish to distinguish below between our Garden Oaks Section 1 deed restrictions (referred to as “restrictions”) and the proposed new restrictions by Gulf Coast embedded in the Garden Oaks Baptist Church Declaration of Restrictions Document (referred to as “protections”).

Gulf Coast first approached GOMO towards the end of 2017 regarding their plans to purchase the Garden Oaks Baptist Church parking lot (in between Chase Bank and Gabby’s) and build a commercial center. Gulf Coast followed up in early 2018 with a similar message at the Garden Oaks Civic Club meeting. As a bit of history, these lots are residential, but the Garden Oaks Board of Trustees, successor to the Garden Oaks Company (an entity whose purpose was deed restriction enforcement) and 75% of Section 1 owners amended the Section 1 restrictions to permit these residential lots to be used by the Garden Oaks Baptist Church for non-residential, church purposes only.

Gulf Coast’s initial plan was to propose amending the current deed restrictions to remove the residential restrictions while placing additional restrictions in a separate agreement with the church (please see my additional attached post). This vote would have required approval by GOMO and a 75% vote of Section 1 homeowners. The additional protections laid out in the separate agreement between the developer and the church would have been only enforceable by the Garden Oaks Baptist Church, and not Section 1 or GOMO. This plan fell through once GOMO informed Gulf Coast that the Garden Oaks Company no longer exists and GOMO is not legally its successor. In discussion, it was then proposed to utilize a section of Texas Property Code recognizing GOMO as the neighborhood’s HOA and to hold a similar vote amending current deed restrictions and also requiring 75% of Section 1 homeowner approval. This process could have wrapped the additional new “protections” in the separate agreement into the Section 1 deed restrictions making them enforceable by GOMO. However there was concern by Gulf Coast regarding the legal standing of GOMO in light of the Section 3 litigation declarations (topic to be discussed at our Townhall this Wednesday) and the vote’s long-term legal standing.

This brings us to the CURRENT PROPOSAL. Gulf Coast is proposing a release of deed restrictions that requires the approval of the owners of over 50% of the frontage of the lots in Section 1. The legal distinction here is a process involving a release of deed restrictions rather than amending the deed restrictions. At this point, GOMO consulted with legal counsel who responded that this process is legal. However, GOMO remained concerned that the new “protections” would still only be enforceable by the Garden Oaks Baptist Church. GOMO successfully lobbied Gulf Coast to rewrite the Garden Oaks Baptist Church Declaration of Restrictions to allow for enforcement of the proposed “protections” by any Section 1 homeowner, GOMO, and any future Garden Oaks neighborhood HOA.

Our Section 1 deed restrictions reserve numerous lots for commercial use. In addition, there are several lots that have “turned” commercial since the inception of the neighborhood. An outstanding issue is whether the commercial lot owners can participate along with Section 1 homeowners in the proposed vote to release the deed restrictions on the Church parking lot. GOMO’s guiding principal has been that if the Section 1 homeowners agree to the release of the restrictions, and if our neighborhood can enforce the new “protections,” then it is acceptable. However, due to concern that the commercial lots might skew the result, we are trying to estimate the total linear feet of the old commercial lots, plus the new commercial lots and compare to an estimate of the total linear feet of the residential lots. This data analysis is still outstanding and obviously Gulf Coast has just commenced their campaign with Section 1.

The vote process is legal, and GOMO has worked to ensure that the new “protections” can be enforced by our neighborhood. GOMO takes no official stance on the vote, either for or against release of the deed restrictions. GOMO will support Section 1 in however they choose to vote. The following is my “unofficial” opinion of the current situation. The “protections” seem to be expansive, reasonable, and will serve to protect the neighborhood. These protections certainly go beyond what (doesn’t) exists on the other commercial lots in Section 1. I expect these lots will eventually go commercial, so there is consideration that if this vote fails, the next proposal could be deemed worse for the neighborhood. On the other hand, increased traffic will be a problem. Perhaps not as bad as what may occur with the new HEB further south, but Shepherd cannot be widened further to accommodate a dedicated turn lane. Our neighbors in Section 1A (directly behind the parking lot) will be most affected, and although Gulf Coast has promised to mitigate noise based on the types of renters they will allow (and opening/closing hours), our friends will be concerned about their future property values. Finally, the participation of commercial properties in the vote is a challenge for all of us. They are listed in the Section 1 deed restrictions, but GOMO does not send them notice of our meetings. The commercial properties have never attended a meeting and have not paid a transfer fee to the neighborhood. I’m not sure this rises to a valid legal argument prohibiting their participation, however.

If you have stayed with me this far, please allow me to make an appeal to attend the GOMO Townhall this Wednesday, April 11 from 7-8:30PM at the Garden Oaks Elementary School (GOMM). We will discuss the bankruptcy situation (and the bankruptcy attorneys have promised me they will attend), but most importantly begin the discussion of bringing the neighborhood together post-litigation. I have been on the GOMO Board for 6 months (I joined the day after receipt of the appellate courts verdict), and it is incredible how divisive this issue has become. I pride myself on process, and I joined GOMO as I had a vision for how to pull our neighborhood out of this. Bringing the litigation to a close was a goal, and bankruptcy will definitively solve the issues of possible transfer fee repayments and remove concerns of a process run by GOMO that has inherent conflicts of interest. GOMO will emerge re-organized and free of all legal and financial entanglements, but the hardest part will remain. GOMO is improperly formed, and that broken egg cannot be patched up again.

Interestingly, the Oak Forest HOA has a fairly robust model that may not necessitate re-formation, but if the neighborhood wants a HOA with a mandatory funding mechanism, it will require a re-formation campaign. With input from GOMO Directors, I have created a Powerpoint presentation that highlights some benefits of re-formation that can fix some of the procedural issues with GOMO. But nothing can be accomplished without first speaking to both the litigants and the GOMO Directors involved with the litigation case about what happened. In medicine, some errors can be based on perception or cognition, but the majority of errors are based on poor communication. I will request a group of those in attendance at the Townhall to form a committee to explore re-formation (2 members per Section, from all Sections 1-5) that will also examine the roots of the litigation and lessons learned.

The Garden Oaks Baptist Church parking lot issue demonstrates that the neighborhood needs a strong HOA, and currently it is weak with many unfilled Director positions and struggling to come to terms with the improper formation issue. I am hoping the Townhall on Wednesday will provide a fresh start.

–Vic Seghers

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Voting Results for GOMO Chapter 11 Plan

To the right are the tallied results from GOMO’s recent bankruptcy plan vote which ended April 1, 2019.  The Class 5 results are believed to be the most significant and sure to have the greatest influence on the bankruptcy court judge based on his prior comments during public hearings, and because Class 5 reflects the interests of those residing within and maintaining a continued stake in the future of Garden Oaks.  Note that Class 5 includes homeowners who are a mixture of both non-creditors and creditors.

The Class 5 vote was effectively split, 50/50, and consequently the GOMO Board chose not to seek confirmation of the plan by the bankruptcy judge.  A primary goal of exiting bankruptcy has been to bring resolution and closure to the neighborhood in regards to its HOA, and seeking confirmation of this plan in light of split results would have done the opposite, only serving to incite further discord.

Despite being a split vote, some useful insight into homeowners’ priorities was gained.  Multiple ballots were returned with supplemental text stating the voter would have affirmatively voted for the plan if not for the inclusion of the $80 annual fee.  Neighbors, particularly those who have already paid a fee, clearly do not wish to pay another nor is there much appetite for the annual assessment.  Many Class 3 creditors are also homeowners voting in Class 5, and through their votes it was made clear that receiving maximum value of any monies to be returned to creditors was a priority.  Although we believe that updated Deed Restrictions with a reasonable amendment method to facilitate future revisions are integral to the future success of the HOA, clearly this was not as highly prioritized as: 1) Maximize monies returned to Creditors and 2) Minimize monies that must be paid out by Homeowners in the future.

What now?  Without a confirmed plan, GOMO remains in bankruptcy.  More cost, more pain, but hopefully a better plan will emerge which may unify and receive full backing from the neighborhood.  Representatives of GOMO and the Creditor Committee met during the voting period, and both groups’ attorneys continue to be in discussion about ways to move forward, hopefully with a unified plan.  The next bankruptcy court hearing is set for May 9, 2019, although there is a possibility it could be earlier if GOMO and the Creditor Committee reach an agreement on a jointly acceptable plan.

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Revised GOMO Bankruptcy Plan

Revised Bankruptcy Plan:

GOMO has revised its plan which will be the basis for its starting point in a joint negotiation with the Creditor Committee or possibly a separate plan to be resubmitted and voted upon by the neighborhood.  These are general principles and subject to revision after potential negotiations with the Creditor Committee.

  • A flat, simple Transfer fee of $1500.
    This will be assessed on future, and not current, property owners and will include a reasonable adjustment mechanism so it may be lowered or raised based on future needs of the neighborhood.  Discontinue the current 0.75% assessment of sold property metric which is the basis of the current transfer fee.  Abandon the prior contemplated $80 annual fee proposal.  Current property owners will not pay any fees.  The judge was adamant that GOMO include a mandatory annual fee in its earlier plan.  However, with the voting results in hand, we are comfortable standing up to the judge and recommending a transfer fee on future property owners be maintained, but significantly lowered, and improve the method so as to address the concerns of residents regarding ability to adjust in the future.
  • Maximize money returned to Creditors.

After attorney’s fees are paid, post-petition fees returned, and 1 year reserve of operating expenses for future HOA are set aside,100% of remaining funds will be returned to creditors.  It is our objective to ensure our plan maximizes the funds returned to creditors.

  • Updated Deed Restrictions and Bylaws.

Neighbors, we need these updates.  Some of the current restrictions are untenable and must be revised/updated.  On this point there is very little disagreement. There must be a reasonable amendment process, sorely lacking in the current DRs, to allow the DRs to evolve moving forward.  Had a workable and reasonable amendment mechanism been in place, the neighborhood could have easily voted years ago whether it wanted to amend or remove certain restrictions that weren’t equitably established and enforced through all sections of GO. The existing method requiring an affirmative vote of 67% of all neighbors is too high a threshold and a difficult task which is why the DRs have not been updated.  The GOMO Board strongly advocates capitalizing on this opportunity to update and revise our DRs and bylaws under the protection of and as part of the bankruptcy case to more easily ensure and facilitate a timely passage.

  • Fix GOMO Formation Defect.
  • GOMO leadership resigns upon plan confirmation.

The new HOA Board elected after bankruptcy is completed will consider the benefits of 3rdparty professional management for Deed Restriction enforcement.  It is the GOMO Board’s belief that ensuring a professional, objective process for DR enforcement would allow the neighborhood to move forward with greater confidence, but feedback at prior Townhalls and the voting results suggest this is not the most pressing priority for the neighborhood.

May 7, 2019 Lauren Simpson on St. Julian’s Wildlife Habitat

Brief description. The average neighborhood yard looks pretty, but doesn’t support the wide range of wildlife that is crucial to a healthy environment and community. The good news is that yards can be both beautiful and beneficial by incorporating the native plants that support our local wildlife! In this presentation, Ms. Lauren Simpson will share a few handy tips on how to create a wildlife garden at your own home, for the enjoyment of your family and the benefit of your community. She will also bring native wildflower seeds from her own wildlife-habitat garden to share with attendees. Come join us to learn how to transform your own yard into a beautiful wildlife paradise!

Bio. Since early 2015, Lauren Simpson has spent her spare time transforming her Houston home gardens into a pollinator-friendly habitat, currently a Certified Wildlife Habitat (National Wildlife Federation), a Monarch Waystation (Monarch Watch, Waystation No. 10925), and a Certified Butterfly Garden (North American Butterfly Association). She promotes pollinator conservation and wildscaping through state and local presentations, local events, and an educational Facebook community entitled “St. Julian’s Crossing-wildlife habitat” – the name adopted for her family’s Monarch Waystation. Ms. Simpson is a member of the Native Plant Society of Texas (NPSOT) and Butterfly Enthusiasts of Southeast Texas, and she actively volunteers in her neighborhood gardening group, the Oak Forest Community of Gardeners. She has also received the Level 1 certification through the NPSOT Native Landscape Certification Program (NLCP) and serves on the NPSOT subcommittee for NLCP Level 4.

Ms. Simpson is a Clinical Assistant Professor at the University of Houston Law Center, where she teaches Lawyering Skills and Strategies. She earned her B.A. (cum laude) in French and International Studies at Washington University in St. Louis, Missouri in 1988. She obtained her J.D. (cum laude) from the University of Houston Law Center in 1994. She is a spring 2016 recipient of the University of Houston Teaching Excellence Award (Instructor/Clinical category) and the spring 2017 and spring 2018 Professor of the Year for Law Center faculty teaching in the part-time program.

April 2, 2019 Doug Waldrep on Bike Houston

BikeHouston’s mission is to create a dynamic city that is safe and comfortable for all people on bikes. We do this by partnering with the the city and other organizations to expand mileage and access to high quality bikeways and sidewalks, to educate all road users, and to enhance the enforcement of laws that save lives.

BikeHouston’s current focus is the implementation of the Houston Bike Plan. Houston’s first comprehensive plan for a bike network in twenty years. For more information visit us at http://www.bikehouston.org.