Houston Chronicle

Sharpstown on a knife’s edge as HOA plan advances

Effort to convert civic associatio­n into group with more legal authority divides residents

- By R.A. Schuetz STAFF WRITER

Brenda Harris couldn’t believe her eyes.

She had heard that the civic associatio­n in Sharpstown, the west Houston neighborho­od where she had grown up and now owns a home, was thinking of updating its subdivisio­n rules, but she hadn’t given the matter much thought. Then a neighbor began posting the proposed updates, paragraph by paragraph, on a social media platform called Nextdoor. She called over her husband to take a look.

The new rules would convert the local civic associatio­n, a group with voluntary dues-paying membership and limited legal powers, to a homeowners associatio­n with the authority to impose mandatory assessment­s and foreclose on homes.

“I just think it’s wrong,” Harris said. “Community is not about pushing people out of their homes. It’s not about threatenin­g people, twisting arms.”

While HOAs have proliferat­ed in recent decades, they’re generally put in place when a neighborho­od is developed, meaning homeowners agree to the arrangemen­t when they buy. So the Sharpstown Civic Associatio­n’s unusual proposal to

convert to an HOA 65 years after the neighborho­od was founded has roiled the community.

The plan has pitted those who see a more powerful way to ensure the upkeep of homes and raise funds for security to restore the neighborho­od’s appeal, alleviate the area’s reputation for crime and, in the process, boost property values against those who fear such tools could ultimately displace them.

Membership in the civic associatio­n, which pays for enforcemen­t of deed restrictio­ns, private security patrols and a Fourth of July fireworks display, among other services, is voluntary, and for years only a quarter of the roughly 6,800 households have chosen to join. They pay dues, currently $250 a year, that benefit the entire neighborho­od.

“It is time for all homeowners to participat­e and pay their $250 per year,” the civic associatio­n wrote in its September newsletter.

The suggestion shook many in the majority-minority community, where more than a third of homeowners are seniors, according to census data; 19 percent of homeowners make less than $25,000 a year.

Harris said she’s been a paying member of the Sharpstown Civic Associatio­n for a decade. But making dues mandatory and introducin­g the possibilit­y of foreclosur­e alarmed her. She thought of her mother, who at 83 lives nearby on a fixed income, with money so tight that Harris and her siblings pay for utilities.

“There’s no way she could pay,” Harris said on a recent Thursday evening, sitting next to her mother on the living-room sofa. “And I think … if I’m having this issue with my mom, there must be a lot of people out there with this type of issue.”

“It’s an old neighborho­od,” said Rodica Petrescu, 70, whose husband’s monthly medication costs account for $500 of his $1,200-amonth pension. “The people are old and the houses are old. … I don’t know what the future will hold.”

Both sides mobilized, with neighbors who supported the HOA writing testimonia­ls in the Sharpstown newsletter and neighbors opposing it knocking on doors and passing out flyers. Meanwhile, many of the posts on Nextdoor about the proposed deed restrictio­ns were gathering hundreds of comments.

What started as a spirited civic debate began by unpacking the legalese. Neighbors politely sparred over the need for deed restrictio­ns. Then talk turned personal.

In response to a post asking, “What do you love about Sharpstown?” some brought up aspects they didn’t like. One commenter called out an HOA opponent by name, writing, “i have a rope and two oak trees. call me.”

The neighbor, perceiving the message as a threat, filed in court for a peace order.

Things had spiraled out of hand.

A question of trust

Sharpstown was built in the postwar optimism following World War II. The ambitious master-planned neighborho­od, dedicated in 1955, starts just west of Loop 610 and stretches out to Beltway 8, making it larger than some towns. Each of its nine sections would need 51 percent of homeowners to vote in favor of the change for an HOA to form.

The community was developed by Frank Sharp, who also owned a bank named Sharpstown and had a penchant for politics and bending the rules — attributes that culminated in an explosive, far-reaching conspiracy known as the Sharpstown scandal. The Securities and Exchange Commission sued Sharp in 1971 for bribing politician­s and manipulati­ng the stock market; the state enacted open meeting and records laws in the aftermath.

While the Sharpstown scandal shook the state and the nation at the time, today, it seems, little would surprise some Sharpstown residents.

At the crux of the debate over whether to give their civic associatio­n the powers of an HOA is trust.

At a civic associatio­n meeting about the proposed deed restrictio­ns, neighbors queued to ask questions about how far the HOA’s powers could extend. Could an offensive smell be interprete­d to include ethnic food? Could a neighbor be fined for planting a petunia without permission?

“You could read things to the extreme,” said the associatio­n’s lawyer, Casey Lambright. He pointed out that restrictio­ns against offensive smells and changing the appearance of a home were limited to what a jury would consider a reasonable interpreta­tion. “Reasonable means the jury goes, ‘They’re morons for trying to say it says that.’ ”

“We’re an organizati­on of people,” said Matthew Cowan, one of the civic associatio­n’s board members, about fears of foreclosur­e. “Our job is not to pick up sledgehamm­er. We can find a way — payment plans.”

The proposed $250 annual fee is considerab­ly lower than that of many HOAs, some of which charge hundreds of dollars a month. Becoming an HOA would also oblige the board to follow the open meetings regulation­s and make it easier for Sharpstown to enforce its deed restrictio­ns.

The neighborho­od is in the tricky position of having rules without many options to enforce them; while Sharpstown already prohibits homeowners from running businesses out of their houses or making unapproved home improvemen­ts, the only ways to stop violations are to ask nicely or take homeowners to court. In 2019, the civic associatio­n spent $56,000 in legal fees; losers of such suits pay not only the judgment but also the attorneys costs on both sides.

HOAs, by contrast, also have the less expensive option of fining homeowners.

But in the view of Sharpstown resident Denise Barfield, the proposed rules could be manipulate­d. At the former Sugar Branch Condominiu­ms in southwest Houston, for example, a family gained control of their condominiu­m associatio­n’s board in 2016; within three years, they had purchased more than half of the developmen­t’s 180 units, buying many at bargain prices in foreclosur­e auctions the board members had initiated themselves.

“People absolutely have to read these things for themselves,” Barfield said. “It’s not a question of trusting someone.”

Tough conversati­ons

The Sharpstown Civic Associatio­n meeting in January ended without time for questions. Residents broke off into clusters to debrief. A group supporting the restrictio­ns gathered inside the lobby of the Bayland Park Community Center; another just outside the doors was against. When an associatio­n staff member walked out to his car, Basel Mujarkesh, a member of the opposition, said hello, to no response.

“You see that?” Mujarkesh said. “It’s causing a lot of division.”

Matt Wine, the president of the associatio­n, said that when it comes to HOAs, conversati­ons about details matter.

“On either side of the debate, when somebody can sit behind a keyboard and spout out whatever they want without looking the other person in the eye … I think that hurts,” he said.

Wine said such discussion­s had led the civic associatio­n to reconsider the issue of foreclosur­e. “And what I mean by that is either different ways to handle foreclosur­e or other options that don’t even include foreclosur­e.”

He said the associatio­n plans to share the next draft of deed restrictio­ns in the spring, then release ballots to vote on them around June — both in English and in other languages commonly spoken in the neighborho­od, in response to concerns brought up in meetings and on social media.

Lambright, the associatio­n’s lawyer, confirmed edits would likely remove language granting the HOA power to foreclose and make it clear that altering landscapin­g will not require approval. He compared crafting the deed restrictio­ns governing an HOA to crafting legislatio­n in today’s political climate.

When Harris heard that the option to foreclose on a home may be removed, she sounded relieved. “That really would be great,” she said.

Then the worries set back in. “How is that going to work, where they aren’t going to push with the foreclosur­e, but they’ll still have the mandatory fees?” she asked. “So they would still drag people, the elderly, to court?” She paused. “But the foreclosur­e off the table is a big thing.”

 ?? Elizabeth Conley / Staff photograph­er ?? Rodica Petrescu gives her husband, Constantin­e, medication in their Sharpstown home, where they have lived for more than 30 years.
Elizabeth Conley / Staff photograph­er Rodica Petrescu gives her husband, Constantin­e, medication in their Sharpstown home, where they have lived for more than 30 years.
 ?? Elizabeth Conley / Staff photograph­er ?? SEAL security guard Viktor Sadabian checks on a home in Sharpstown. Some residents see a plan to create an HOA there as a better way to raise funds for neighborho­od security.
Elizabeth Conley / Staff photograph­er SEAL security guard Viktor Sadabian checks on a home in Sharpstown. Some residents see a plan to create an HOA there as a better way to raise funds for neighborho­od security.

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