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Couple's home, built on former pond, plagued with water problems
Trying to find answers, the couple went to the city's Watershed Protection Department. They got a series of surprises, and now the builder is in trouble with the city over a missing occupancy permit for the home. "Watershed Protection told us, 'Did you know your house was built on a pond?' " Girija Shanmugam said. On the department's website, she found an aerial photograph from 2003 of their home site and realized that the house is smack in the middle of what was a human-made stock pond...the couple then were told by Watershed Protection that their house had failed final inspection and did not have a certificate of occupancy.
Couple's home, built on former pond, plagued with water problems
Home also lacks an occupancy certificate after builder failed to get required paperwork
By Ricardo Gándara
AMERICAN-STATESMAN STAFF
Tuesday, June 29, 2010 See Homeowners Video
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 Shanmugam Sambasivam, left, and Girija Shanmugam bought their home in Woodland Hills three years ago. The house, which has had flooding problems, was built on a former pond.
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Girija Shanmugam and Shanmugam Sambasivam moved to Austin from Houston three years ago to follow their sons, who enrolled at the University of Texas to study computer and electrical engineering. The couple from India picked out their dream home in Woodland Hills, a Centex Homes subdivision east of U.S. 183 near FM 969.
"That dream has turned into a nightmare," Shanmugam Sambasivam said.
Their home has flooded three times, the result of faulty plumbing, the couple said. Each time, Centex fixed the problem and even extended their warranty.
But that wasn't the end of their problems. Water sometimes collected in their front yard and driveway after rains or when neighbors on higher ground on Sun Shower Bend watered their lawns. And an in-ground utility box in the front yard often held water.
Trying to find answers, the couple went to the city's Watershed Protection Department. They got a series of surprises, and now the builder is in trouble with the city over a missing occupancy permit for the home.
"Watershed Protection told us, 'Did you know your house was built on a pond?' " Girija Shanmugam said. On the department's website, she found an aerial photograph from 2003 of their home site and realized that the house is smack in the middle of what was a human-made stock pond.
"That didn't seem right that they would allow homes on top of a pond," she said. She wonders whether their water problems are caused by faulty plumbing or their home's location.
It's a rare but acceptable practice as long as certain procedures are followed, said Leon Barba, the city's building official, and George Adams, assistant director for the Neighborhood Planning and Zoning Department.
Centex obtained a permit to drain the pond in February 2006, excavated it and brought in fill dirt. After the city inspected and accepted Centex's site plan for the subdivision, the builder began constructing homes.
After learning about the pond, the couple then were told by Watershed Protection that their house had failed final inspection and did not have a certificate of occupancy — a document from the city saying the house is ready to occupy. |
Barba, the city building official, said Centex failed the final inspection for the couple's house before it was sold. "They didn't have their plans and specifications (house drawings), and there were weatherization issues involving caulking," he said.
Centex, which was responsible for correcting the weatherization problem and calling city inspectors back for the final inspection, did not follow through, Barba said.
"That's a serious issue," he said. "They violated the residential building code \u2026 the International Residential Code that the city follows. But as long as they make a good-faith effort, we'll work with them."
"We dropped the ball," Centex spokeswoman Valerie Dolenga said. "But that doesn't mean that the house is unlivable and unsafe. We are working with the city now to get the certificate of occupancy."
It's up to the Code Compliance Department, Barba said, to determine whether it will take action against Centex. Melissa Martinez, spokeswoman for Code Compliance, said there is no active case on Centex.
"And we haven't received a complaint on (the couple's) address. I talked with (Barba), and they are working directly with the builder to resolve this. And since they're moving forward toward resolution, it makes sense to let that take place," she said.
If they don't obtain the certificate of occupancy, the homeowners could be fined up to $2,400. However, in this case, it's Centex's responsibility, Martinez said. "This is an unusual situation," she said.
Shanmugam and Sambasivam say Centex has more problems in the neighborhood. In researching the city's Planning and Development Review Department website, they found two more homes on their street that also failed final inspection. Barba said he found a total of five homes on Sun Shower Bend that failed final inspection.
"We've provided the information to the builder," he said. "They know what to provide and the fees involved."
Dolenga, the Centex spokeswoman, said she was unaware of permitting problems with other homes. "That's not our practice, but we'll look into it," she said.
There are more than 200 homes planned at Woodland Hills, with the first of two phases nearly completed.
Shanmugam said she is still perplexed that at closing, the builder and the mortgage company — Centex Mortgage — were unaware that the home had failed inspection and lacked a certificate of occupancy.
Ultimately, Barba said, it's the homeowners' responsibility to be educated in the buying process. "It's buyer beware," he said.
Shanmugam and Sambasivam said they've asked Centex, which merged with Pulte Homes, for their money back or a new home.
"Of the three years we've been here, nine months have been spent dealing with the plumbing issues," Sambasivam said. "We've moved from one room to the next while they fixed things."
"I haven't slept much, and I think about it every day," his wife added. "It's been a stressful three years. My husband is a heart patient. It's been hard."
On Tuesday, a Centex manager and engineer were at the couple's home, giving them a 10-page report that said their research and testing did not show structural problems or mold concerns.
"We're not going to buy their home back since our engineers deem it safe. We'll address their issues accordingly," Dolenga said. "There is just no evidence that the home is not structurally sound."
Ed Hill, who lives on Quick Stream Drive, behind Sun Shower Bend, said the side of his house and a portion of his backyard are always wet and sometimes muddy.
"Water from other homes drains my way. It's like a river through my yard, so I want to know what's going on," he said.
Shanmugam said she thinks something's not right. "I think it's going to be a problem for other people, too," she said.
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