Can Bexar County get Ventura Heights out Of Lien times?
County Judge says, "The Legislature is a Patsy for Homebuilders!"

By Callie Enlow, San Antonio Current, 5/26/2010
http://www.sacurrent.com/blog/queblog.asp?perm=70366#disqus_thread

"The Legislature is a Patsy for Homebuilders!"

That's County Judge Nelson Wolff in yesterday's Bexar County Commissioners Court expressing his frustration with flimsy state law that allows for messes to develop like the one currently found in Ventura Heights, an unincorporated subdivision near Converse. In response to resident after resident pleading during public commentary for help to fix roads pockmarked with giant potholes and foot-wide curb erosion, Judge Wolff said the Texas Legislature prevented counties from truly holding developers accountable for shoddy infrastructure, but strongly suggested the commissioner's court find a new solution to the residents' plight, which he considered a matter of public safety.

In the case of Ventura Heights, the developer, Obra Homes, failed to build the subdivision's roads in compliance with county specifications and went out of business before finishing required maintenance to bring the roads under the County's jurisdiction. The gaps between driveways and road, lane-wide potholes and crumbling curbs cause residents to swerve like Grand Theft Auto players and refrain from using their own driveways. Two residents told the Commissioners Court that the shabby roads also hampered bus service from Judson ISD and police response time. Janet Ahmad, president of Homeowners for Better Builders, said she's seen this type of damage frequently in other unincorporated subdivisions since she began investigating it in 2000. Ahmad helped organize Ventura Heights resident speakers at Commissioners Court, many of whom were female or minority homeowners.

Initially, San Antonio Express-News reported that Bexar County would front the $1.3 million to repair the two most damaged roads, placing $7,731.84 liens on each of Ventura Heights' 170 homes, to be paid back when the home sells. But after hearing residents, many of whom bought their homes for between $80,000-$110,000 since 2003, Judge Wolff stated a change of course was needed. "That won’t work," he told us today by phone, echoing comments he made in Commissioners Court. "This is only within two streets in this neighborhood," thus many neighbors would likely be unwilling to agree to such a lien, to say nothing of those who bought their homes along the rutted roads with no inkling of the damage to come.

While an editorial in the Express-News encouraged Ventura Heights to vote for the lien proposal after their paper reported on the story in early May, and not "stick taxpayers with subdivision costs," it seems the bad roads make it more difficult for Ventura Heights residents to receive the same quality of local services they pay for their own taxes. With this inequality only growing, and a limited amount of authority and funding available, county commissioners batted around alternative ideas, to be further discussed with Ventura Heights homeowners in an ad-hoc meeting Precinct 4 Commissioner Tommy Adkisson will convene next Thursday.

"What you saw yesterday was an exercise in spontaneity that public officials are confronted with from time to time," said Adkisson today. While he and the rest of the court take this issue of subpar streets more seriously than they ever have -- on April 20 they passed a requirement for developers to post an 18-month warranty bond for 10 percent of the cost to build the subdivision roads -- they are wary of opening what Precinct 2 Commissioner Paul Elizondo called "a Pandora's box" among the 122 units throughout Bexar County experiencing similar problems.

"We cannot make decisions in a vacuum that are not considerate of the big picture," said Adkisson, and the big picture is that the county doesn't have the millions of dollars needed to fix problems caused by developers who cut and run. Elizondo suggested authorizing the County attorney's office to review whether the County could bring a class action lawsuit against the developer under Texas' deceptive trade practices consumer protection act, which includes passing off goods and services for those of another as a punishable deceptive act, which Adkisson said he's also very supportive of investigating, as is Wolff. "We need to go after somebody on this," said Wolff, "how are [the homeowners] to know who's responsible for the streets?" In the meantime, Adkisson suggests potential buyers considering a home in an unincorporated subdivision contact the county's infrastructure services department. "They may be able to get some inside information."

Otherwise, County Commissioners claim they're "hamstrung" by the Legislature in terms of their regulation capabilities. "We go to them every year for permit and zoning authority," said Wolff. "Every year they turn us down and terrible tragedies like this happen." With campaign donors like Bob Perry continuously filling state congressional coffers on both sides of the aisles, don't look for legislators to change their tune next session, either.

Don't stick taxpayers with subdivision costs

By San Antonio Express-News Editorial Board, 5/14/2010
http://www.mysanantonio.com/opinion/dont_stick_taxpayers_with_subdivision_costs_93718419.html

The road conditions in the Ventura Heights neighborhood in northeast Bexar County are a nightmare.

Some of the potholes in this unincorporated area are half a street wide, Express-News real estate writer Jennifer Hiller reported.

Unfortunately for the homeowners in this middle-income neighborhood, the streets in their subdivision were never accepted for maintenance by Bexar County because the streets were not built to county specifications and the needed fixes were not done, Hiller reported.

Now, the developer has gone under and the cost of the repairs has fallen on homeowners' shoulders. Fixing the growing problems will cost an estimated $1.3 million, which translates to an assessment of roughly $7,731 per household.

That's a hefty bill to pay on top of the mortgage, but it looks like residents may have no other choice.

The county is offering a road assessment program that would allow the county to pay for the repairs and place a lien on the property for the expense, which would be required to be paid back if the property is ever sold.

As unpopular as this solution is among some homeowners, Ventura Heights should vote in favor of this move or they will see their property values decline more than the cost of this remedy.

County officials say this is not an isolated case. County Engineer Renee Green told the Express-News there are more than 60 other developments outside the city limits with streets in disrepair that are not eligible for county maintenance because they never met Bexar specifications.

That is unconscionable.

County commissioners have limited authority over activities in the unincorporated areas of Bexar County but recently voted to require developers to have an 18-month warranty bond for 10 percent of the road construction price.

READER COMMENT (edited for better readability and with HOT comments):

Take a drive to this neighborhood and drive down the street... watch out !!!, because your car might fall in the gaping hole. The county must take some of the responsibilty. They allowed the builder to complete a street that did not meet compliance. [Actually, the County is powerless to stop development by builders.] Who is more responsible then the builder and the city/county? You are not safeguarded unless someone is on your side.

Did you ask these questions when buying a home?

Was the home built by a bonded builder? Was the electrician licensed and certified? How about the framer, roofer, or foundation crew? Did the street meet code compliance? Do I pay for any needed street repairs? [Was a soil analysis done? Is it expansive clay or contaminated or built on a spring or old stock pond?]

I bet you didn't ask and just assumed like so many others that this is handled correctly, by the builder, by the city, by the county, by the state, by the inspectors, or the house would not be for sale. [What if you did ask but were lied to?]

This is not only a matter of an ugly looking street; it's a matter of safety - not only for the residents who live there but for others who drive on those streets, including GOVERNMENT officials and its employees.

A fire truck can not drive through this street in an emergency. There is no way possible for it to weave through the 3-4 feet deep holes and cracks. How can someone render aid if they can't get to the injured?