4123 Cedar Springs has been plagued with maintenance and repair issues as well as health and safety violations for months. Owners of the property replaced its management company, but problems persist.
Justin Shackelford and Amanda Spence grew tired of the problems sent the owners a letter quoting section 92.052 of the Texas property code.
“We have notified you by certified mail and expect you to take action within a reasonable period of time (7 days),” they wrote.
If action isn’t taken, they would consider it a violation of their lease and could terminate the lease without penalty.
The property responded that they would have to give 60 days notice and pay an early termination fee. The full letter is below along with Shackelford and Spence’s answer that the property owner was not at liberty to make up its own property code that violates Texas law.
Letter from Foresight Asset Management
We want to thank you for taking the time out of your schedule to send us this email to express your concerns about the conditions of the community. Our goal is to make sure that our resident enjoys their living space and have a great experience at 4123 Cedar Springs. Each and every concern brought to my attention is very important and is a priority. As you may or may not know, Foresight Management took over the community on June 30, 2023. Our staff immediately began working on the issues brought to our attention. Since our first month, we have cleared the trash rooms, trash chutes, mopped all the hallways, made repairs to the pool area and we are continuing to repair items on our list.
Unfortunately, with backorder parts and vendor schedules, these items were not projected to be repaired in the initial 30-day period that we took over the community. I understand your frustration with these pending items. With the change in management, there comes frustrations and concerns from residents. We plan to address and remedy these concerns. We have received the 39 page of photos showing issues you have been concerned about before management switched over. We have identified and we are addressing these items accordingly. Our staff is working diligently to maintain 4123 Cedar Springs.
We have bids to have the gates repaired at our community. With functioning gates, this is only a deterrent. No community can guarantee the safety of its residents by having access gates, but we understand the urgency behind having functioning gates.
Large Multifamily communities in a large city, some issues such as trash, pet issues and other are to be expected and are unavoidable. My staff is very responsive and fast to clean the areas up when identified. Code Compliance has visited our site and has identified the areas mentioned in your email. I am addressing these issues with you as I did with Code Compliance. We are working with our vendors to complete our list of pending items. As we receive the information, we will update the residents.
To answer your question about terminating your lease agreement. This is your option to terminate your lease agreement. Unfortunately, we cannot terminate your lease agreement without the proper 60-day notice and payment of the lease termination fee. We cannot agree to the terms of releasing you from your lease agreement without any penalties. You can place your 60-day notice in the office and pay the lease termination fee before your last day at the community. The pending repairs to the community do not justify us releasing you from the lease agreement. These alleged ongoing issues were not taken up with prior management that managed the community for a couple of years , but it was brought to our attention only weeks after taking over. This does not allow us time to address every issue that is brought to our attention.
The staff at 4123 Cedar Springs is being diligent about keeping the community groomed by keeping trash chutes clean, hallways mopped, and common areas maintained. We have called out plumbers to clear the drains of the back-up at the pool. Due to the back-up happening over a year before our take over, this will take a few treatments to get to the main issue. There are some repairs that will take longer than others due to the nature of the repair.
We are asking for the patience and understanding of all of our residents during this time. We are sending out another notice once we have received the information from our vendors.
Again, thank you for contacting our office for a response on pending repairs at the community. If you have any other questions, please let me know by responding to this email.
RESPONSE FROM SHACKELFORD
Thank you for responding and acknowledging you’ve been in possession of this notice regarding conditions materially affecting our safety and health for 11 days and counting. While we may not expect all repairs to be completed within 7 days, so far no actual repairs have taken place as far as we can tell. Picking up trash and mopping once a month (while poorly, leaving animal hair and debris everywhere) are regular maintenance items and part of standard operations – not repairs – and are only temporary remedies if not upkept. Also worth noting is the vast difference in cleanliness maintained on the upper floors versus the lower floors.
First, Foresight is not aware of the notifications we and other residents have presented to previous management regarding these issues. I challenge you to present any evidence of your claim that “these alleged ongoing issues were not taken up with prior management that managed the community for a couple of years, but it was brought to our attention only weeks after taking over.” Speaking only for ourselves, once new management took over, we waited several weeks to escalate the situation, assuming (and hopeful) the new management would be able to get things done finally. After being told multiple untruths and seeing very little material progress, we are forced to take the action below (previously attached) for our own health and safety.
Further, it is not our sole responsibility as a tenant in a 300+-unit building, to make 4123 ownership/management aware of the condition of the property; if you or previous management are not aware of issues affecting safety and health, we suggest that someone on the management team walk the property (all floors, all areas) and apply the diligence anyone concerned with such matters would.
Additionally, my lease and 4123’s obligations under it are the same, regardless of who is managing this property yesterday, today or tomorrow. As a tenant with rights – as explicitly specified in the notice sent and resent to you below – I am not concerned with how much time Foresight has been in a position to make a difference, as whomever is managing this property, whenever, has the same obligations to us and there is no “reset” of these obligations because Foresight assumed responsibility recently.
4123 management will not be arbitrarily deciding what is a reasonable amount of time to remedy these concerns and remaining obligations –it will be lawyers and the courts if necessary. 4123 management will not dictate to us whether or not we have responsibilities under a lease in which 4123 is not compliant.
We demand remedy of the conditions presented to you below, as required under Texas property code 92.052.
— David Taffet
Homeless people are still living within the building. There’s a sleeping mat in the stairwell and has been there since last week. The concerning part is there’s a lighter lying on the stairs beside the mat. Which probably means they were smoking or who knows. How long til a fire is started? When is the city truly going to step in and force them to actually start making the complex safe for residents. Are they going to wait til the place burns? The cleaning is at a bare minimum and they’ve only mopped the floors once since they took over. No gates work and only one elevator is working in the building still. Since the new Management company has taken over July 1st there has not been one single communication with the residents. No notices on doors or email or via website. I wish there were some actual options for residents but there is not unfortunately. We just continue to pay high rent to live in a dumpster essentially. I guess that’s would be listed under one of the amenities that we are charged for monthly.
You can report code compliance violations by calling 311 or call your city councilman Jesse Moreno to get him involved. Jesse’s office number is (214) 670-4050.
I do feel bad for the new management and the huge list of problems they inherited, but at the end of the day it doesn’t excuse the negligence of the owners. Key things have been broken 6+ months residents have a right to be upset. Especially with the lack of communication.
It’s sad that the list of accomplishments is mopping, cleaning out the trash room, and cutting the lawn – these are basic upkeep items that should be done at least weekly. Venterra used to mop daily. The lawn is getting super long again, it’s sad that I pay $1650 a month and have to call code compliance every month just to get them to cut the lawn. It’s also alarming to hear there was a backup in the pool drain for over a year. So many people were there on the fourth of July – was the water even clean?