ABOUT
HOMEOWNERS OF TEXAS (HOT)
WHO WE
ARE:
Homeowners of Texas, Inc. (HOT) is a Texas non-profit
corporation. We opened our doors in August 2008 just two blocks from the State Capitol in Austin to facilitate
bi-partisan consumer advocacy, lobbying and education of homeowners, policy makers, builders, and other
stakeholders.
OUR MISSION:
Our mission is to help enact legislative
reforms to ensure that Texas contractors, insurance companies, lenders and service providers operate on a level
playing field with Texas homeowners.
Our Homeowners’ Bill of
Rights is designed to give homeowners competitive choices and
a level playing field when dealing with contractors, mortgage lenders, insurance companies, service providers,
and taxing bodies. It is grounded in the belief that a “home” is much more than a structure, dwelling
or residence.
A home is where the heart is - a person’s castle - a
sanctuary from a busy world - a safe, secure and structurally sound place to grow up or raise a family, feel pride
and share time with friends. A home is the biggest financial investment most people will ever make. As such, it
must be safe and free from contamination and other hazards, have a strong foundation, protect its occupants from
intruders and the weather, and last at least as long as the mortgage. We think of
the home in terms
of where we grew up or where we lived - a place that brings back old memories or feelings.
The building industry often has a different
perspective, viewing the construction and sale of a house as a one-time business transaction. Without regulatory
oversight, their profit incentive can lead to business decisions that are detrimental to homeowners and the
communities they live in.
Understanding these different perspectives, we
advocate for Texas homeowners to protect them from substandard construction and want to work with quality builders
that share that viewpoint. As for the others - those companies that cut corners and build shoddy homes and then
hide behind laws that shield them from accountability - we view them as “home wreckers”, not home builders. That’s because homes
with serious defects destroy lives and the whole meaning of Home.
It’s absurd that Texans have more protection today
when they buy an existing home or a new or used car than when buy a new home.
OUR
VISION:
We proved ourselves during the
81st legislative session,
but there’s much more we want to do, including:
- Reform construction laws to hold
builders accountable;
- Enhance the homebuilding industry with high professional
standards;
- Improve construction quality to minimize defects in new and remodeled
homes;
- Promote Energy Star, green, sustainable, and life-saving enhancements to
building codes;
- Sustain and enhance home values and the tax base that depends on
them;
- Provide Texas homeowners with a fair legal system to resolve
disputes;
- Restore consumer trust in buying new homes or remodeling older ones;
and
- Contribute to economic development in Texas.
OUR OBJECTIVES:
-
Regulatory Oversight. Improve
construction quality and reduce causes of disputes through the latest building codes and contractor
licensing, education, insurance bonding, and enforcement.
-
Trust Funds & Property
Liens. Stiffen penalties for the misuse of construction trust
funds.
-
Arbitration. Protect a homeowner's
constitutional right to a jury trial as an alternative to forced arbitration, and establish fairness,
transparency and judicial review of arbitration proceedings.
-
Judgments. Allow courts and
arbiters to help homeowners who have suffered greatly by granting emotional stress
awards.
-
Contamination. Repeal the
Brownfields Act, which allows building on contaminated lands without disclosure or
liability.
-
Vertical integration. Prohibit or
regulate the vertical integration of builder and finance companies, the offloading of risk by selling
mortgaged-backed securities, and the cozy relationships between builders, inspectors, appraisers,
arbiters, suppliers, and others in the value chain.
OUR
HISTORY:
In its first year, HOT achieved what other consumer
groups have been unable to do in the past 20 years as the plight of Texas homeowners steadily worsened.
-
Dispute resolution. Defeated HB 2295 in the 81st legislature, abolishing the TRCC,
removing roadblocks.
-
Warranties. Repealed illusory state warranties and restored the implied warranty of
habitability.
-
Engineering. Helped pass HB 2649 to require properly engineered slab foundations on expansive
soils.
Although HOT was a newcomer in the fight to improve
Texas homebuilding, our success was hardly a coincidence. We came onto the scene with a fresh approach, a
big-picture perspective, strong analytical capabilities, an ability to craft legislative solutions, a background in
construction law, experience in lobbying, a strategically-chosen set of witnesses to testify, an office two blocks
from the Capitol, and a consistent and strategic message and focus. As they say, “Some problems are so difficult that they can’t be solved in a million years… unless you THINK
about them today.”
We succeeded in abolishing a bad state agency, the
TRCC (Texas Residential Construction Commission), going up against powerful lobbyists from the $35 Billion Texas
homebuilding industry and two Astroturf consumer groups. Unfortunately, these groups were co-opted by the
homebuilders and made our task more difficult. They promoted the builders’ deceptively-written and anti-consumer
legislation and sold out the very people they were supposed to represent.
We also worked in concert with the Texas Society of
Professional Engineers to pass HB 2649, which now requires the engineering of all slab foundations on expansive
clay soil. This important legislation will address the primary cause of one of the most serious structural defects
in new homes.
Our unique insight. People said we couldn’t take on the powerful builder lobby directly, but we recognized and
capitalized on a changing political climate that others were blind to. The nation had a new President in Obama, and
Texas had a more balanced Texas legislature. Other factors included a new House Speaker, new committees that
diluted the builders’ lobby influence, strategic blunders by TAB and TRCC management, a damning report from the
Sunset Committee staff, strong public testimony against the TRCC, a global financial collapse, and a nation fed up
with the lack of accountability.
We plan to contribute to and benefit from this
increasing consumer demand on government well into the future, with a focus on “Fix Housing First” by regulating
the unregulated restoring accountability, fairness and public trust.
OUR ORGANIZATION STRUCTURE:
Our all-volunteer organization and Board of Directors
includes:
-
President Tom
Archer, a retired AT&T telecom attorney and lobbyist who
learned how badly construction laws favored builders due to his own bad experience building a new
home;
-
General Counsel Lou
McCreary, a construction law attorney representing
homeowners.
Our Advisory Board already includes one of the best structural engineers in the
State and one of the best licensed real estate & building code inspectors, but to accomplish our mission, we
are looking for others to represent homebuilders, fund raising, public relations, real estate sales, and
volunteering.
OUR BUDGET &
FUNDING:
Our expenses so far have been modest and self-funded
and only include rented office space near the Capitol, some capital equipment such as computers and furniture, and
operating expenses for things like phone & Internet and office supplies. We can do much more and accomplish our
broader mission with funds from contributions, sponsorships and grants. With your support and funding we will be
able to:
-
Hire paid staff to handle office
management, accounting, volunteer coordination, the creation of newsletters and marketing collateral,
etc.
-
Direct mail and email campaigns that
require mailing lists and the development of marketing collateral
-
Enhance our website to accept and
account for online donations
-
Engage an appropriate ad agency and
advertise with a focus primarily on online, print and radio
-
Produce online presentations and
stories, YouTube videos, TV b-rolls, and training DVDs
OUR VOLUNTEER OPPORTUNITIES:
We can’t do it all ourselves and need your help. We’re
looking for people who believe in our cause and can contribute money or time - at least 1 hour per week, or more
for short-term projects. We’re just starting to develop a volunteer orientation program, online interview form,
confidentiality statement, and task list. For information, please e-mail
.We want to understand what you can and
would like to do so we can get you (and your family) into tasks that match your interests. These tasks might
include:
-
Outreach to potential partners,
alliances and stakeholders,
-
Public speaking as a part of the HOT
speaker’s bureau,
-
Documenting testimonials, including
your own,
-
Doing research and writing
articles,
-
Fundraising and tech support,
and
-
Education and outreach, among
others.
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