Property owners sue over foundation problems

By John Suayan, Galveston Bureau | Aug 6, 2011

GALVESTON - Asserting that Friendswood Hidden Cove Property Owners' Association failed to finish repairs to the foundation of their unit and garage, Mel and Sandra Austin seek approximately $40,000 in damages.

The Austins claim the association did not hold up its obligation to complete repairs made in July 2007.

Court papers were filed July 22 in Galveston County District Court.

According to the original petition, the complainants began to experience foundation problems and other issues with their garage in 2003.

Numerous engineers and contractors conducted multiple inspections pertaining to the garage right next to the actual unit.

One of the companies adjusted the exterior and interior piers to attempt to stabilize the garage.

The suit explains that the Austins, however, continued to experience more problems and the condominiums' board of directors had to intervene.

The board examined whether the foundation problems at the plaintiffs' unit constituted a capital approval for funding purposes and hired a company to drill through the interior and install piers in an attempt to stabilize the place.

It passed a resolution in favor of a repair bid on July 17, 2007, but attempts to fund the project twice met opposition, the suit says.

The plaintiffs argue no repairs were made since the passage of said resolution.

They consequently retained an engineering firm and a contractor, who reportedly issued a repair bid in the amount of $39,620.21.

Barlow Jones LLP is representing the Austins.

Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.

Case No. 11-cv-1197

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