We're doing a remodel in Garden Oaks, and we recently caught wind of some folks complaining that we are no adhering to the deed restrictions. There probably is a little confusion on the whistle blower's end as we're leveraging the original slab for our remodel / garage apartment. Either way, as I understand it, this complaint goes to the city's legal group and then they decided what to do from there. Does anybody have any experience dealing with the COH Deed Restrictions Legal Department?
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COH Deed Restrictions
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Last: 3 yr ago by Martin Q. Blank
Which section? Regardless the GOMO is bankrupt so not enforcing deed restrictions. Do you know that someone filed with CoH
I don't recall the exact details but I believe some Garden Oaks homeowners sued the homeowners association (or whoever was trying to enforce the deed restrictions) for trying to enforce deed restrictions and won - deed restrictions found to be not enforceable. My guess is they're not going to fight it anymore.
Yes, I made a complaint with the COH Deed Restrictions Legal Department. Someone in our neighborhood was marketing his house as "commercial" and a potential buyer was going to build a medical office building.bluewater89 said:
We're doing a remodel in Garden Oaks, and we recently caught wind of some folks complaining that we are no adhering to the deed restrictions. There probably is a little confusion on the whistle blower's end as we're leveraging the original slab for our remodel / garage apartment. Either way, as I understand it, this complaint goes to the city's legal group and then they decided what to do from there. Does anybody have any experience dealing with the COH Deed Restrictions Legal Department?
Her name is Heather Cook - 832-393-6306.
She called the seller and buyer to let them know a complaint has been made and they are investigating. It scared off the buyer, but she ended up determining that the city could not pursuit actions because the signatures for our deed restrictions were never recorded.
I'd call her, ask if a complaint has been made on your property, and if so what their intentions are. You could even tell her to communicate to the complainant to call you so you can clear the air.
Didn't want the competition, Doc?
This is in Section 1. Yes, the lawsuit a few years ago eventually forced GOMO into bankruptcy because the court ruled that GOMO was not legally formed. However, my understanding of the process is that anyone can file a complaint (I haven't been made aware of any - just rumors), and it's the city's responsibility to follow up / enforce. I think Doc has confirmed that. Thanks all.
If you're Lawrence or 33rd, I'm a very close neighbor. Happy to chat if you'd like.
damn. I wasn't aware of all the drama with GOMO. Those guys must have been pretty flush with their 1% transfer fees all those years. What a mess.
Appreciate it Mike. We're on 30th.
Diggity said:
damn. I wasn't aware of all the drama with GOMO. Those guys must have been pretty flush with their 1% transfer fees all those years. What a mess.
The number i saw was $600k under GOMO control when entering bankruptcy court.
Isn't garden oaks the one who's deeds restrictions say a person of color may not own a home? They have a revision at the bottom of the page saying it's illegal to discriminate based on race. But what the hell? I always thought it was odd as hell to not revise the deed restrictions and take that completely out. Seems they have more problems than that.
that's basically every neighborhood in Houston built before the 60's. They also usually have rules about bootlegging liquor in the houses as well.
Much cheaper/easier to strike through then to redo the whole document, but I would imagine they'll all get more pressure to do so.
Clearly none of that stuff in enforceable but it does give a window into those times.
Much cheaper/easier to strike through then to redo the whole document, but I would imagine they'll all get more pressure to do so.
Clearly none of that stuff in enforceable but it does give a window into those times.
i have heard but not physically seen that it is quite common for this to still be in Houston area deed restrictions. someone explained to me why its hard to take out. but, i cannot remember why.htxag09 said:
Isn't garden oaks the one who's deeds restrictions say a person of color may not own a home? They have a revision at the bottom of the page saying it's illegal to discriminate based on race. But what the hell? I always thought it was odd as hell to not revise the deed restrictions and take that completely out. Seems they have more problems than that.
The voting requirements to amend the DRs are usually difficult and expense (public notice, holding a public meeting, etc.) for a requirement that has been found constitutionally unenforceable.Furlock Bones said:i have heard but not physically seen that it is quite common for this to still be in Houston area deed restrictions. someone explained to me why its hard to take out. but, i cannot remember why.htxag09 said:
Isn't garden oaks the one who's deeds restrictions say a person of color may not own a home? They have a revision at the bottom of the page saying it's illegal to discriminate based on race. But what the hell? I always thought it was odd as hell to not revise the deed restrictions and take that completely out. Seems they have more problems than that.
And now that I'm at a computer, the reasons the GOMO entered bankruptcy court from my research (gf and I were looking at a house in GO Sec 2 a couple of months ago) was that 1) they were found to have to pay attorney fees for the suit and those fees were a lot, and 2) they were improperly formed in the early-2000s and the BK was the easiest route to reform and perfect the creation as opposed to starting from scratch.The Wonderer said:Diggity said:
damn. I wasn't aware of all the drama with GOMO. Those guys must have been pretty flush with their 1% transfer fees all those years. What a mess.
The number i saw was $600k under GOMO control when entering bankruptcy court.
The irony is that the GOMO was formed because the original HOA from 1939 was also found to be improperly formed and invalid, so to correct the issue GOMO was formed (er, well, not formed but attempted I guess).
i thought because of the BK they were able to revise this part of the dr's recently much easier than normally would be the case?
That is correct because the BK judge would "approve" them as part of allowing them out of BK. The currently redlined version done in 2019 is on the GOMO website.aggiemike02 said:
i thought because of the BK they were able to revise this part of the dr's recently much easier than normally would be the case?
Here's from mine:
That's why we have museums. Nobody buying a house should have that crap handed to them.Diggity said:
that's basically every neighborhood in Houston built before the 60's. They also usually have rules about bootlegging liquor in the houses as well.
Much cheaper/easier to strike through then to redo the whole document, but I would imagine they'll all get more pressure to do so.
Clearly none of that stuff in enforceable but it does give a window into those times.
take it up with the HOA's
That is pretty much correct. A family in the neighborhood wanted either an additional garage or garage apartment on their new build (I don't remember which). GOMO wouldn't approve the plans due to deed restrictions so the family submitted plans designating the "garage" as livable space. As soon as everything was approved and built, they knocked the exterior wall out and put in a garage door. GOMO sued, hilarity ensued, all of the HOA narcs were made to look like asses, and now we don't have a HOA and the city is responsible for enforcing deed restrictions, though they probably won't ever get around to it.The Wonderer said:
And now that I'm at a computer, the reasons the GOMO entered bankruptcy court from my research (gf and I were looking at a house in GO Sec 2 a couple of months ago) was that 1) they were found to have to pay attorney fees for the suit and those fees were a lot, and 2) they were improperly formed in the early-2000s and the BK was the easiest route to reform and perfect the creation as opposed to starting from scratch.
The irony is that the GOMO was formed because the original HOA from 1939 was also found to be improperly formed and invalid, so to correct the issue GOMO was formed (er, well, not formed but attempted I guess).
I'm a creditor against GOMO and finally had my claim approved in BK a month or so back. I bought in 2016 while the lawsuit was going on, so my transfer fee was held in escrow while the suit was ongoing. I doubt I'll ever see a dime because the GOMO holdouts are intent on lighting all of the HOA's money on fire in the form of attorneys fees instead of just giving back what they never should have collected in the first place. Its irritating but also amusing.
Just curious but how do you know if your house/lot has deed restrictions?
See your title policy Schedule B.K_P said:
Just curious but how do you know if your house/lot has deed restrictions?