A high stakes water fight is underway in Sugar Land. Residents in First Colony are taking legal action against their homeowner's association that wants to spend $11 million to close five community pools and open a splash pad instead.
A few weeks ago residents circulated a petition against this plan. The petition got about 400 signatures and residents presented the petition to the board at its last meeting. That same meeting, the board approved spending $34,000 dollars to go ahead with the next phase of its master plan.
Now residents have a lawyer and they're ready for a fight.
First Colony homeowners like Terry Harris said they don't like the $11 million project and the homeowner's board isn't listening.
"When you have a project of that magnitude, that many changes, bringing in a major change, closing pools, something of that nature and that cost really should have been brought to the residents for approval," said Harris.
Residents have decided to make a legal splash with what they call their "declaration of independence."
"We are amending the declaration and taxation without representation," said Jonathan Day, attorney for residents in First Colony.
Day has helped residents start a new petition drive that would essentially force the First Colony Board to let residents vote on whether they want the board's plan.
"It's like a veto," said Day. "[The board would have to] basically send out a notice that says 'here's what we're building, here's what we're ripping out, here's how we're spending your money. What do you think?'"
Meanwhile, the board is going ahead with its plans. In a statement Tuesday, the board said its own survey shows, "... an increase in costs and decrease in the use of our neighborhood pools... The FCCA's top priority is to maintain open communication with homeowners."
However, residents like Harris don't feel communicated with. She believes the majority of First Colony will ultimately agree.
"If we say, 'no, we don't want it,' then listen to us," said Harris.
The First Colony residents started their petition drive on the Fourth of July, gathering 150 signatures that day. The residents need approximately 5,000 signatures within a year to stop the board.
The board's master plan calls for closing five pools by 2013. Right now the neighborhood has 10 pools. The master plan also calls for making improvements on several of the pools that wouldn't be closed.
A few weeks ago residents circulated a petition against this plan. The petition got about 400 signatures and residents presented the petition to the board at its last meeting. That same meeting, the board approved spending $34,000 dollars to go ahead with the next phase of its master plan.
Now residents have a lawyer and they're ready for a fight.
First Colony homeowners like Terry Harris said they don't like the $11 million project and the homeowner's board isn't listening.
"When you have a project of that magnitude, that many changes, bringing in a major change, closing pools, something of that nature and that cost really should have been brought to the residents for approval," said Harris.
Residents have decided to make a legal splash with what they call their "declaration of independence."
"We are amending the declaration and taxation without representation," said Jonathan Day, attorney for residents in First Colony.
Day has helped residents start a new petition drive that would essentially force the First Colony Board to let residents vote on whether they want the board's plan.
"It's like a veto," said Day. "[The board would have to] basically send out a notice that says 'here's what we're building, here's what we're ripping out, here's how we're spending your money. What do you think?'"
Meanwhile, the board is going ahead with its plans. In a statement Tuesday, the board said its own survey shows, "... an increase in costs and decrease in the use of our neighborhood pools... The FCCA's top priority is to maintain open communication with homeowners."
However, residents like Harris don't feel communicated with. She believes the majority of First Colony will ultimately agree.
"If we say, 'no, we don't want it,' then listen to us," said Harris.
The First Colony residents started their petition drive on the Fourth of July, gathering 150 signatures that day. The residents need approximately 5,000 signatures within a year to stop the board.
The board's master plan calls for closing five pools by 2013. Right now the neighborhood has 10 pools. The master plan also calls for making improvements on several of the pools that wouldn't be closed.
