| |
| |
|
|
CONCURRENT RESOLUTION
|
|
|
WHEREAS, The Texas Residential Construction Commission |
|
|
(TRCC) was created in 2003 to provide homeowners and residential |
|
|
builders with the opportunity to resolve their differences through |
|
|
a state-sponsored inspection and dispute resolution process by the |
|
|
enactment of the Texas Residential Construction Commission Act |
|
|
(Title 16, Property Code); and |
|
|
WHEREAS, The mission of the TRCC is to promote quality |
|
|
construction in Texas by registering builders and residential |
|
|
construction projects, providing information and education to |
|
|
homeowners and industry members, and reviewing consumer complaints |
|
|
regarding alleged postconstruction defects; as part of its |
|
|
governing philosophy, the TRCC is committed to addressing the needs |
|
|
of consumers and industry members in a fair and efficient manner, |
|
|
promoting collaboration between consumers and builders when |
|
|
disputes arise; and |
|
|
WHEREAS, The San Antonio Housing Authority (SAHA) receives |
|
|
funds from the U.S. Department of Housing and Urban Development to |
|
|
build and maintain affordable housing in San Antonio communities; |
|
|
one of SAHA's principal goals is to increase home ownership in the |
|
|
city for first-time homebuyers and low-income residents; and |
|
|
WHEREAS, In 2000, SAHA constructed the 159 single-family |
|
|
dwellings that comprise the Mirasol Homes project to give |
|
|
low-income families the opportunity to own their own homes through |
|
|
a lease-to-purchase program; to date, more than 80 of the homes have |
|
|
been purchased, approximately 20 of which are occupied by families |
|
|
under a lease-to-purchase agreement; and |
|
|
WHEREAS, In recent months, several owners and tenants of |
|
|
Mirasol Homes properties have contacted SAHA to voice their |
|
|
concerns about the structural viability of their dwellings, |
|
|
including problems that may be the result of postconstruction |
|
|
defects; some of those residents have asked the housing authority |
|
|
to make repairs on their homes; and |
|
|
WHEREAS, TRCC is uniquely positioned to draw on its expertise |
|
|
within the residential construction industry and coordinate with |
|
|
SAHA as the housing authority addresses the concerns of the Mirasol |
|
|
residents; working together, TRCC and SAHA could develop and |
|
|
implement a plan for the inspection of potentially defective |
|
|
dwellings, the repair and reinspection of any defects found, and |
|
|
the establishment of procedures to provide mediation between SAHA |
|
|
and the Mirasol homeowners and tenants; and |
|
|
WHEREAS, As a political subdivision of the state, however, |
|
|
SAHA is exempt from TRCC oversight under provisions of the Property |
|
|
Code; additionally, because the Mirasol properties were |
|
|
constructed and sold before TRCC was created, the commission lacks |
|
|
the authority to assist SAHA with the Mirasol Homes construction |
|
|
disputes; now, therefore, be it |
|
|
RESOLVED, That the 80th Legislature of the State of Texas |
|
|
hereby respectfully request the Texas Residential Construction |
|
|
Commission to work in cooperation with the San Antonio Housing |
|
|
Authority to create and implement an inspection and mediation plan |
|
|
that would address the concerns of the homeowners and tenants of |
|
|
certain Mirasol Homes properties; and, be it further |
|
|
RESOLVED, That the secretary of state forward an official |
|
|
copy of this resolution to the chair and the executive director of |
|
|
the Texas Residential Construction Commission, to the chair and the |
|
|
president and chief executive officer of the San Antonio Housing |
|
|
Authority, and to the mayor of the City of San Antonio. |