Texas Association of Builders propoganda

[Guest guest]

Dear Barbara:

Everyone needs to look at this, especially #5. Also, check out the website. One of the link is "Mold Hysteria". We need to be prepared to protect ourselves. It seems big industry is anti-comsumer and then some. No one seems to have any regard for the health of totally innocent citizens who just happen to buy a bad house or work in a bad building. The nation seems to follow Texas' lead in many cases. So, forewarned can be forearmed. Hope you are well.

http://www.texasbuildingstandards.org./

Building Standards Initiative Overview, etc to start. All of this is their State Commission proposed bill that they will file. This is their answer to the Home Lemon Law, Licensing of builders and our Binding Arbitration bill.

A New and Innovative cure for the Builders woes. Research and Development will take place right at the Texas Capitol and on thousands of Texas homes over a 30 year mortgage period.

Some comments so far:

1. Task Force Overview:

Our answer: Note - In this bill Homeowners are at the bottom of the list. We come last.

2. The commission will have 6 builders, 2 general public members and 1 professional engineer.

Our answer: Even better for the builders than the American Arbitration Association that hides their bias a little better. Best case scenario for the homeowner, 8 to 1 vote for the builder. Of course, let us not forget the "..non prevailing party is then required to reimburse the prevailing party's fees..." the homeowner will pay all costs, adding insult to injury.

3. Note the new the new RESOLUTION PROCESS. WILL SATISFY ALL REQUIREMENT AND REPLACE BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION AND FEDERAL LAW. This might have some merit if we can replace the Commission with 7 dissatisfied homeowners to decide the outcome.

4. ...create performance (standards)

Great, let us put it in official state law under tolerance standards such as when foundation cracks the entire length from front to back the builder can glue it together.

This relates directly back to the original HOW cure-all-program of the early 80's that failed and went belly up in the late 80's, leaving 100,000 homes in Texas without coverage.

5. ...and warranty standards...

Our answer: We have already experienced this for years. Warranties with 38 exclusions including, the most significant, "... the presence or consequence of unacceptable levels of radon, formaldehyde, carcinogenic substances or other pollutants and contaminants;or the presence of hazardous or toxic materials resulting in uninhabitability or health risk with the Home."

This is HOW all over again.

6. .... provide education to consumers concerning the home purchasing process and home maintenance recommendation...

Our answer: My, my, HOMEOWNER MAINTENANCE. "Re-educate the Consumer Program" to make homebuyers understand that bad building practices are a homeowner maintenance problem and not a defect.

WHY WOULD ANYONE BUY A NEW HOME RATHER THAN OLDER HOME THAT IS KNOWN TO HAVE HIGH MAINTENANCE NEEDS. Example: As we all know paint is not a warranted item and the recommendation by the builder is to repaint the outside of the home during the FIRST YEAR. Let us not forget the biggest successful re-education program of all, to water the foundation so the house doesn't crack apart. This is where we need to use our little cracked house dollar signs flying out the top vs. their new "checked out" house.

6. ...construction practices and remediation guidelines relating to mold.

Our answer: Now, at long last we can have the state officially recommending a little bleach to cure the mold crisis.

7. You can bet the state law will suggest that homeowners wait until the end of the first year to file any complaint to the State Commission. Of course, this bill adds another 60 days to give the builder an opportunity to fix the problem for a total of 110 days, before hiring an attorney and spending another 6 -8 months and 8 - 10 thousand dollars under RCLA to again give the builder the opportunity to fix the defects. One full year later, the house that was built in 3 months is now 2 years old and still not fixed.

The final step - Go directly to Binding Arbitration to not pass go, do not collect $200 and lose in Binding Arbitration with a defective, mold infested broken house.

8. This is another win, win deal for the homebuilders.

9. Remember, not one homeowner in Texas has won in Binding Arbitration for the past 6 years.

Keep in mind that this builder's, what ever... is still a draft and is not the final language of the proposed legislation. If we say too much now they can simply change what ever they want to counter our arguments. So we should develop our responses and not jump by responding too soon.

Can someone come up with a short answer to their flow chart, besides xx.,,skp!abxxx!..mlfgkf!

Thanks,

Janet Ahmad, PresidentHomeOwners for Better BuildingSan , TXhttp://www.hobb.org