Trcc

[Michael R. Boyett]

Many Texans view the TRCC (Texas Residential Construction Commission) as being controlled by the home builders and hold the TRCC in little regard. The following Austin American-Statesman article today makes me wonder about that though:

(Austin, Tx) — At its February 13, 2008, meeting, the Texas Residential Construction Commission revoked the registration of Austin-area builder Primera Homes Ltd. According to an agreement with the commission, the company’s owner, Michael Kelly, is prohibited from working in the residential construction industry in Texas for 20 years.
The commission took action against Primera Homes for committing multiple violations, including misappropriating trust funds in numerous instances and using false advertisements. Primera Homes was responsible for several Austin-area subdivisions, most notably the troubled Maravilla community.
The commission took administrative action against a total of 14 builders. Five builders were in the Central Texas area, six in the Dallas area and three in the Rio Grande Valley. Detailed information is available at www.texasrcc.org.
Commission Executive Director Duane Waddill said the commission’s action is consistent with its commitment to enforcement.
Waddill said, “All these companies failed in some way to fulfill their obligations under the law. As a result, the commission took administrative action. Primera Homes failed most egregiously. It should come as no surprise that Primera Homes and its owner paid the most substantial price — Mr. Kelly and Primera Homes are effectively barred from working in the Texas homebuilding industry for two decades.

[Brian A. MacNeish]

Originally Posted by mboyett

Many Texans view the TRCC (Texas Residential Construction Commission) as being controlled by the home builders and hold the TRCC in little regard. The following Austin American-Statesman article today makes me wonder about that though:

"The commission took administrative action against a total of 14 builders."

HOORAY!!!!!

[Emmanuel J. Scanlan]

Michael,

I've called and dealt with TRCC a number of times over the last year or so. My dealings have been quite a few questions and clarifications regarding the laws, builders, warranties, etc. I have always been meant with nothing short of superior help whenever I called. One of my inquiries on a builder resulted in activity by TRCC just because of my inquiry. It was minor but it did surprise me.

From what I have experienced with TRCC, the people at TRCC are nothing short of great! The problem with TRCC is not necessarily the people working there (not that you or anyone implied it was a people problem). The problem that is present is with the laws and the way they are written. The folks at TRCC are doing everything they can to implement a flawed set of laws.

I do hear the comments that "TRCC should do this" or "TRCC should change this". The fact is they have little control over the what the politicians implement for laws. I have no doubt they can and do act in an advisory capacity for changes in the laws. The feeling I get, and I could be wrong, is that they essentially have the same position and powers to the forces that can change the laws as did our own Inspector Committee members. TRCC's powers, and staff, do need to be strengthened to provide them a better ability to enforce the laws and change them as needed.

[Michael R. Boyett]

I think you are right on target Manny. After looking closer at the 14 penalties levied against builders I do see now that 13 of those were for minor admninistrative issues and didn't amount to much. The banned builder was the only one of substance so he must have really p.o.'d someone.

[Emmanuel J. Scanlan]

Michael,

I can believe the counts you gave. Unfortunately, just like our E&O debacle, it probably was someone with clout (outside of TRCC) that really pushed the issue and potentially provided TRCC with what they needed, and were possibly not allowed to obtain on their own, to drive the nail in the builders coffin.

I'm sure many states are like this but Texas government has a very poor view in my eye for properly equipping its licensing, et al, agencies with being able to pro-actively assessing, investigating and enforcing violations of the statutes and laws.

Ooops! I dissed Texas on that one. Did I lose my right to be called a Texican now?

[rstrahan]

Keep wondering, Mike. Before you laud them as protecting consumers, do a little arithmetic.

14/28,489 = 0.05%

The last guy they sanctioned (and issued a press release) had been repeatedly refusing to register houses for a year. They just fined him. They have absolutely NO power to sanction builders for defective construction.

Originally Posted by escanlan

The problem with TRCC is not necessarily the people working there (not that you or anyone implied it was a people problem). The problem that is present is with the laws and the way they are written. The folks at TRCC are doing everything they can to implement a flawed set of laws.

I do hear the comments that "TRCC should do this" or "TRCC should change this". The fact is they have little control over the what the politicians implement for laws. I have no doubt they can and do act in an advisory capacity for changes in the laws. The feeling I get, and I could be wrong, is that they essentially have the same position and powers to the forces that can change the laws as did our own Inspector Committee members. TRCC's powers, and staff, do need to be strengthened to provide them a better ability to enforce the laws and change them as needed.

Well said, nice staff but the commission itself is loaded with Bob Perry's boys. TRCC is shilling for TAB, just as TREC (and the erstwhile IAC) shills for TAR. It's the Texan way.

Buy me a beer and I'll tell you a few stories...

Ann Stark and Mark McQuality up there in Dallas know all about shenanigans at TRCC.

Russell (TRCC Joint Inspector) I inspect joints for the state


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[Michael R. Boyett]

Who? Me laud them? Certainly not after looking at the 13 slaps on the wrist! I made the egregious mistake of being impressed by the press release touting the 20 year prohibition of the one builder and posting this before I read the details of the other 13 sanctions. I really spoke prematurely and do not in any way think the TRCC is protecting the public.

[rstrahan]

Damn you post fast. Go read the "On the Level" reports they generate, you can sort of read between the lines.

I must say they do a better job than TREC of broadcasting the commission meetings. For a while they webcasted (and archived) subcommittee meetings, until their GC (Durso) actually read the open meetings law.

If you watch some of the older tapes, Commissioners openly referred to their private deliberations for the first couple of years.

Hey, while you're snooping around, try to figure out when the Sunset hearings will be. They have already done the internal audits.

Nothing will change, but could be fun if the homeowner groups get their act together.

RS

[Michael R. Boyett]

Yeah, well...that's not all I do fast but let's not go there. The first Inspectors Committee teleconference is next week and I do plan to try and attend the "base station' at TREC HQ to see how that works for the committee members that are out of town. I'd like to see the teleconferences be opened up for all Texas inspectors sometime in the future. Just to 'listen' in and not participate real time...that would be a zoo.

[Emmanuel J. Scanlan]

Originally Posted by rstrahan

Well said, nice staff but the commission itself is loaded with Bob Perry's boys. TRCC is shilling for TAB, just as TREC (and the erstwhile IAC) shills for TAR. It's the Texan way.

Buy me a beer and I'll tell you a few stories...

Ann Stark and Mark McQuality up there in Dallas know all about shenanigans at TRCC.

Russell (TRCC Joint Inspector) I inspect joints for the state
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Hey Russell,

I'll buy you a beer just to hear the scoop! I can believe that about the Commissioners. One of the big problems with this government is a significant lack of oversight on those that actually slam the gavel so to speak.

I'm going to show some ignorance here. Who is Ann Stark and Mark McQuality?

There is still lots and lots of irregular occurrences within TRCC and the building industry. Every time I dig into a new issue I am amazed at how poorly written the laws/regs/rules really are. The system is a very good example of a mine field. You just don't know when it will hit you until you step in/on it.

By the way, do you sub out any of those joint inspections? "Dave aint here man!"

[Michael R. Boyett]

Manny..

Mark McQuality - http://www.shacklaw.net/index.php?sr...w=staff_detail

Ann Stark - http://www.starkmediation.com/

[Emmanuel J. Scanlan]

Mike,

Thanks for the info! Wow, did you see the arbitration fees on Stark's page? Not knocking lawyers as they too are in the business of making a living. It does though point out a very bad situation for the average homeowner! With all the SIRP fees, hiring your own professionals and the arbitration fees that can get into the $Thousands before you even obtain an initial determination of responsibility. I would expect the average homeowner would have a difficult time coming up with all that cash. Sad that our government entities do little to protect those that do not have money and influence!

[Michael R. Boyett]

Well....she does provide lunch for that $800/party fee

[rstrahan]

Originally Posted by escanlan

Sad that our government entities do little to protect those that do not have money and influence!

Oh man, keep reading, esp. about Texas. Mike has climbed the learning curve like a mountaineer on meth, but I am amazed he still flies that state flag avatar. If Joe Bob Sixpack had any idea how his government is run, the capital would be stormed with old pickup trucks. And Joe Bob DOES have the firepower.

Regarding arbitration costs, a full arbitration really is a LOT of work. Compare it to trial costs in a district court. Routinely $100-200K. For each party.

Russell