HOUSTON — Momentum is growing in one of Houston’s oldest neighborhoods to change racist deed restrictions that say only people of Caucasian race can live in or own a home.
“There’s anger, there’s hurt, there’s outrage," said Sally Walden, an Oak Forest resident and realtor.
She's been doing her own digging into Houston's past.
“I want to say I found it in 10 to 12 (neighborhoods) so far,” Walden said.
The neighborhoods, like Oak Forest, were all established before the Fair Housing Act of 1968. The language is unenforceable, but neighbors are now organizing to get it off the books.
Gregory Cagle is the author of Texas Homeowners Association Law. He says changes to deed restrictions can not be changed by a simple vote of the HOA board. The change has to be agreed on by the property owners. Cagle says it can be initiated by the HOA, but that's not the only way.
"It can also be initiated by the property owners without the HOA," he said.
Cagle is also an attorney and founding partner at the law firm Cagle Pugh.
“There have been some efforts by the Texas legislature to create amendment procedures where non exist or make it easier to amend those documents where it was historically very difficult," he said.
In 2011, Texas lawmakers passed a bill saying 67 percent of owners need to agree to change deed restrictions if there is mandatory membership.
If there's not mandatory membership, The Texas Property Code requires 75 percent of owners to agree to the change.
“If all these neighborhoods in town, which represent a huge number of people, if we all ban together and go as a united front, I think we are going to be a lot more effective," Walden said.
Neighbors in Oak Forest have started organizing on Facebook. Meantime, several lawmakers have told KHOU 11 they are looking at what they can do next session to make the process even easier.