Proposed Amendment

Jan 26, 2019

About this amendment

A Special Meeting is being called by Vicki Hollenbeck, President of The Tanglegrove Townhouse Condominium Association (the “Association”), pursuant to Tex. Bus. Org. Code §22.155(1). The purpose of this Special Meeting is to amend the Condominium Declaration for Tanglegrove Townhouses (the “Declaration”). This amendment was attempted at our last special meeting on December 4, 2018; however, the vote was tabled because the Owners requested more information. Below you will find the answers to the questions raised at the meeting.

Submit Your Proxy Online

We have provided an online form to make it easy to submit your proxy to the board. You must be logged in with a validated homeowner account to access this form.

Download Printable Proxy

If you prefer to print your proxy and have it delivered to the meeting, you may download this printable version.

Download the Proposed Amendment

Download the Condominium Declaration

Questions and Answers

We realize this initiative has rased a lot of questions. This section should address those. If you have other queries for the board please contact the office. We will make arrangements to make certain that your questions are answered before the meeting.

Directors will also be available before the meeting to answer any questions and discuss any concerns that you may have.

What does the proposed amendment do?
  • The requested amendment maintains the status quo concerning the allocation of repairs when repairing building foundations and branch plumbing lines. Historically, the Association has paid for the cost of the foundation repair as well as any repairs to the main plumbing line (plus cost of tunneling associated with the main plumbing line) and the individual owners have paid for the costs of tunneling and branch plumbing repair. The proposed amendment makes it clearer to the owners that they are responsible for tunneling costs, branch line repair costs, and interior repair costs in connection with a foundation repair.
  • The amendment is not intended to change the way the HOA has operated in the past, but simply to bring clarity to the wording of the document.
Does the proposed amendment pass on more financial responsibility to the owners?

No. The Association has always interpreted the Declaration and By-Laws to require owners to pay for branch plumbing line repairs and tunneling costs associated with foundation repairs.

If we don’t want to change the status quo, why do we need to amend the Declaration?

As written, several sections of the Declaration are used to determine the allocation of costs. The Amendment will clarify this interpretation and the respective financial obligation for foundation repair, tunneling costs, and branch plumbing line repairs.

Why should I vote for the proposed amendment and do I have to vote?

Everyone is strongly encouraged to vote. This is important in protecting the Association from future lawsuits and will require 153 homeowners to approve.

Can I vote by proxy? Can I submit my proxy online?

Yes, you can submit your proxy on the website. If you have not created a login, visit the registration page and get confirmed as a homeowner. Once your ownership has been verified, we will email you. If you have already been confirmed, you will just need to log in to the website.

Proxies may also be submitted to the office before the meeting. All proxies, online or hard copy, are due two (2) hours before the meeting.

What if the proposed amendment fails?

If the amendment fails, then the Declaration and Bylaws will not be clarified. In short, there may still be disputes concerning the interpretation of the Declaration and the By-Laws.

What if I think the Association should pay for tunneling and branch line repairs?

We encourage you to talk with your neighbors and the Board about this change. A reallocation of the expenses (i.e., shifting the cost of tunneling and branch line repair from the owner to the Association) needs careful consideration and is something that can be addressed at a later time.

What is the financial impact on the Association if it pays for the tunneling and branch line plumbing repairs?

If the Association is paying for all of these costs, it is anticipated that monthly assessments will need to increase to cover the additional expense. In addition, special assessments may be necessary.

Can we deduct the cost of going through the floor from the cost of tunneling and charge the homeowner the difference?

Any change in allocation of repair costs would require an amendment to the Declaration and Bylaws. After consideration of the currently proposed amendment, the Board is open to discussing a change in the cost allocation.

If they have to do tunneling on one unit, do they have to do tunneling on all the units?

Not necessarily, it depends on how much foundation work needs to be done and where they need to place the piers. Also, if there is any plumbing damage during the foundation repair.

Are there times when the repairs can only be made by tunneling? If so, who pays for it?

It could possibly happen, but we have not experienced it.

Does the HOA choose the vendor and the homeowner pays for it?

Yes, bids are gathered and reviewed. Job is walked with vendors and after careful consideration, the HOA chooses the contractor who best meets the requirements.

ABS pipes were used in the past. What type of pipes are being used today?

Contractors now use PVC pipe with rubber couplings and metal clamps at the joints

Does tunneling have to be done by the same people who are repairing the main line?

Yes, otherwise the contractor won’t warranty the work.

If a homeowner has a branch line problem can they get their own bids and pick a vendor to repair their branch lines.
  • If a branch line needs repair and is not associated with a foundation repair or mainline repair, it is the homeowners responsibility and the homeowner is free to acquire bids from licensed and insured contractors.
  • Not if the branch line repair is associated with foundation repairs, the contractor would not warranty the work.
Where does the State of Texas stand on these issues? Do they have any governance?

The HOA is governed by the legal documents filed with the state (Declaration, By-Laws, Rules and Regulations of the HOA) unless Texas statutory law replaces certain aspects of the governing documents.

If the homeowner has to move out due to the repair work, who pays for the hotel?

Typically can be done without causing a homeowner to move out. If they are going through the floor, repairs typically take 1-2 days.

Which sections of current Declarations apply to foundation repair, tunneling, and branch line repair?

The Association has interpreted the following sections to determine that an owner is responsible for tunneling costs and branch line repair costs:

  • Paragraph 15: Gives the Association the right to access the units to make the necessary foundation repairs:

    The owners shall have the irrevocable right, to be exercised by the Managing Agent or Board of Managers of the Association, to have access to each apartment unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the general common elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the general or limited common elements or to another apartment unit or units.

  • Paragraph 16: Requires an owner to maintain and keep in repair the interior of the apartments; requires the owner to maintain items in the limited common elements that are appurtenant to each unit:

    An owner shall maintain and keep in repair the interior of his own apartment’ including the fixtures thereof. All fixtures and equipment, with the heating and air conditioning system, installed within the apartment unit, commencing at point where the utility lines, pipes, wires, conduits or systems (which for brevity are hereafter referred to as “utilities”) enter the apartment unit shall be maintained and kept in repair by the owner thereof. Without limitation on the generality of the foregoing, an owner shall maintain and keep in good repair (and replace, if so required) the air conditioning compressor, hot water heater unit, fans, ductwork, heating unit and cooling coils, utilized in and for his unit; as well as-all other fixtures situated within or installed into the limited common elements appurtenant to such unit; and an owner shall be obliged to promptly repair and replace any broken or cracked windows, doors, or glass therein that might be so broken or cracked.

  • Paragraph 18: Requires an owner to maintain the interior of the apartment:

    An owner shall not be deemed to own the undecorated and/or unfinished surfaces of the perimeter walls, floors and ceilings surrounding his apartment unit, nor shall such owner be deemed to own the utilities running through his apartment unit which are utilized for, or serve more than one apartment unit, except as a tenant in common with the other owners. An owner, however, shall be deemed to own and shall maintain the inner decorated and/or finished surfaces of the perimeter and interior walls, floors, and ceilings, doors, windows, and other such elements consisting of paint, wallpaper, and other such finishing materials.

When the homes were originally constructed, they had carpet on the floors. Originally, when foundation repairs were completed, the carpet was rolled back, the foundation repaired through the floor, and the carpet was restretched – at minimal expense. Now, with the removal of carpet and installation of tile and/or wood, the flooring repair costs may exceed the cost for tunneling. As such, the Association has given each owner the option of allowing access to the unit to make the repair OR denying access and paying for tunneling.

Can we have a lawyer at the next meeting?

Absolutely, the attorney will be there.

Do we have the records back to 1973 to see how these repairs and responsibilities were done at that time?

There are records but they are not complete.

Can the new amendments be written in normal layman terms and get rid of the attorney language?

There is certain language that should be included in the Amendment. But we have attempted to write the functional part of the Amendment (i.e., the part that explains what we are doing) in as clear language as possible.

As for any questions regarding the current lawsuit

This amendment will not necessarily determine the outcome of the lawsuit. Any decisions regarding the lawsuit will be determined by the judge. In the meantime, we will continue to operate in good faith the way the HOA has always done in the past.

Proposed Amendment Text

The following provision shall be added to as a new part of Section 16. of the Declaration to read as follows:The following provision shall be added to as a new part of Section 16. of the Declaration to read as follows:

  1. Notwithstanding any other provision of this Declaration and the By-Laws, in the event the foundations of the buildings are in need of repair or maintenance, the Association shall pay as a common expense from assessments the cost of the maintenance and repairs, and Owners shall be solely responsible for the cost of the following:

    1. Repairing the damage, if any, to the interior of their Units caused by the foundation maintenance or repair, including but not limited to damage to the flooring in connection with access to the foundation; and
    2. Tunneling in connection with the foundation maintenance or repair to prevent damage to the flooring in the Unit, should the Owner elect; and
    3. Repairing the branch plumbing lines servicing the Owner’s Unit.
  2. Any amounts described in the above subsection (a)(i)-(iii) which are the Owner’s responsibility which are not paid when required shall become an assessment chargeable to the Owner’s Unit, and together with interest, late charges, costs, expenses and attorney’s fees shall constitute a personal obligation of the Owner and a lien on the Unit, pursuant to Section 24 of the Declaration, effective the due date of the assessment.
  3. This Amendment shall apply to all foundation work commencing after the adoption of this Amendment. For purposes of this Amendment, the work commences on the date the contractor begins the foundation repair and/or tunneling work on or at the building; the execution of a contract or receipt of estimates does not constitute commencement of work.

In the event any provision of this Amendment conflicts or is inconsistent with a provision in the Declaration or By-Laws, this Amendment shall control.

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