Fort Worth's Havenwood Apartments Becoming the Spirit Airlines of Apartment Operations

Alarm Cost Lease Addendum

To the left you are looking at the allocating alarm costs LEASE ADDENDUM added to the latest leases let at Fort Worth's Havenwood Apartments.

The latest leases have multiple addendums adding additional charges to the basic rent which for years were items which were covered when one paid ones basic rent.

As in, water use was included in the rent. As was wastewater disposal which disposed of that water.

The natural gas used to heat that water was included in the rent.

And the security alarms were included in the rent.

And then a new owner took ownership of the Havenwood Apartments, as in Mahesh P. Desai of the State of Maryland's Capital Vision Management.

The first items at Havenwood to be "allocated" were water and wastewater disposal. Tenants were told that free water being included in the rent gave residents no incentive to save precious water. The allocation scheme was bizarrely touted as a way for tenants to keep their rent from rising by saving on water.

And by reducing the volume of wastewater disposal by cutting back on toilet flushes?

And how in the world is wastewater metered? We are still awaiting an answer to that question.

Natural Gas Costs Lease Addendum

And then, for the first time in most resident's memory, rents were raised by the new owner.

At first a small increase of only $5, followed by an increase of over four times that amount.

Plus adding allocated fees for natural gas use and the use of security alarms.

We have heard from Havenwood residents who objected to paying for their apartment's security alarm due to the fact that the alarm has not been used in years due to malfunctioning.

Havenwood Apartment management insisted the alarm cost lease addendum had to be signed and the add-on fee paid, despite not working and not being used.

Because it was the law.

Huh? Texas has a law on the books which requires apartment dwellers to pay for security alarms they do not use?

I think you can see why Fort Worth's Havenwood Apartments is becoming known as the Spirit Airlines of apartment complexes.

What's next at Havenwood for added fees? The parking lots are expensive to maintain. Will residents be assessed a parking fee? Shouldn't the residents be paying part of the cost of having landscapers show up every week?

A recycling garbage fee has already been added to the monthly rent, so we have that one covered.

Currently there is no additional charge when one requests exterminator help with a cockroach invasion. That probably should be an added shared  allocation cost to give residents a reason to keep their living quarters non-conducive to cockroaches....

Tree Clear Cutting Shenanigans of Fort Worth's Havenwood Apartment's New Owner

See that faded X on the tree trunk? That tree trunk is located at the Havenwood Apartment complex at 6501 Boca Raton Boulevard in Fort Worth, Texas.

A couple years ago this property was sold to Mahesh P. Desai, operating out of Gaithersburg, Maryland, managing an investment firm called Capital Vision Management.

Mr. Desai had the vision to come to Texas and set up a subsidiary called Atlantic Multi Family IV which then bought the Havenwood Apartments, whose address is oddly listed in public records as the corporate headquarters of Atlantic Multi Family.

Soon after Mahesh Desai assumed ownership of the Havenwood Apartments tenants found a note on their door informing them that the trees of Havenwood were about to be cut down. A mass execution of dozens of trees which provided cooling shade and were aesthetically pleasing.

The residents of Havenwood were not happy to learn the Havenwood forest was about to be clear cut. Complaints were made to the Fort Worth agency which oversees things like trees.

Looking North at the Saved Havenwood Trees

The Havenwood Apartment complex is split in two by Boca Raton Blvd. The tree slaughter began on the south side of Boca Raton before the city was able to put a stop to it. However, the trees on the north side of Boca Raton, for the most part, were spared.

That note two years ago, about the clear cutting of the Havenwood trees, also said that new trees would be planted, along with new landscaping.

Well, let's take a look at the clear cut,  tree-less side of Havenwood.

But first, regarding the Havenwood clear cut, there is a website which rates apartments. The section about Havenwood on that website has generated more than a couple dozen reviews, including the one below regarding the Havenwood trees....

I was saddened to hear that virtually all the trees at Havenwood are to be unceremoniously chopped down. It's my opinion that this is nothing less that vandalism on a large scale. I will concede to the possibility of a few trees damaging foundations etc but not all of them. Majestic old trees will be lost. After scores of years they are to become sawdust in minutes. The color scheme of the buildings, though pleasing to the eye is such that dirt, dust and grime sticks to the rails and beams in the stairwells. Without the cover of trees this will become more evident and unless the new owners are to hose down the buildings on a regular basis the whole property will, in my opinion become a drab, dirty premises.The back of the property already looks dilapidated with no grass or decent plant life and it's been that way for years.

Consider also that without trees we'll have few, if any birds, no Jays, no Hummingbirds, no Mockingbirds and no Cardinals. Management says the whole area will be replanted with grass, plants and flowers. We'll see. In any event, no trees will mean, to me a barren land, a dust bowl full of drab brown buildings with every inch of the property looking exactly the same save for a few small Crape Myrtles here and there. 

So....new owners, drive your new investment into the ground if you will, give it the same reputation as some of the other properties I read about on this road (Boca Raton) and this website. I was happy here but it's deteriorated a lot. I think it may be time to start looking.
And now a look at how Havenwood looks in June of 2014....

First off below we are looking at part of what the person above referred to as the dilapidated back of the property

A tall leafy tree once stood above the barren spot you see, un-landscaped, above.

Several trees used to provide shade and block the morning sun from glaring into the windows you see here.

It's been two years and the three trees which were removed from the above location have not been replaced by any new trees, or any new landscaping.

Below is another view of the now barren south side of the Havenwood Apartments.

A row of trees stood along the east side of the above Havenwood location, and again, we note no new trees and no new landscaping.

Now, let's walk across Boca Raton to the north side of the property, where most of the trees were spared, and where, oddly, some new landscaping has taken place, unlike the now bleakly barren south side.

Below you see an area where several trees were removed, replaced with some shrubs, big rocks and gravel, making for a landscaping style one might see in a desert area, like Las Vegas or Phoenix.

The very oddest new landscaping element which has only been added to the northside of the property is large areas have been covered with thick layers of small, pea-sized rocks, which create quite a hazard when they spill on to steps and sidewalks.

The above makes one have a lot of confidence that the new Havenwood owner knows what he is doing, property improvement-wise.

Below is a look at another area covered with little rocks.

In the center of the above graveled area you are looking at one of the "saved" trees. You can barely see its "X" marked for execution spot.

When the trees were initially marked for execution the color used was white, making the "X's" very noticeable. After the stop the executions order was given eventually the "X's" were painted over with a brown color matching the bark color, to varying degrees of success.

Well, that concludes this look at the new landscaping at the Havenwood Apartments. Next we will take a look at how Mahesh P. Desai and his Capital Vision is turning Havenwood into the Spirit Airlines of apartment complexes.....

The Curious History Of Fort Worth's Havenwood Apartment's Water Allocation Billing

When the majority of the residents who live in Fort Worth's Havenwood Apartments took up residence, water was included in the rent.

And then a few years ago residents were informed they would be receiving a water bill, but not a bill based on their own metered consumption, but instead a bill based on some formula factoring all residents together.

Residents were told that this new billing was an effort to conserve water by motivating residents to monitor their water use, and thus help keep rents from rising.

Trouble is, well, the Havenwood property had not raised rents in a long long time. Not in any current resident's memory. Til after the water bills arrived. Along with a new property owner, Capital Vision Management and its owner, Mahesh P. Desai.

So, the save water to save money argument seemed just a bit specious. No one remembers the name of the first Havenwood water billing company. The amount billed matched that which the leases indicated residents would be charged, as evidenced by the below item from a lease from that initial water allocation billing period.

Initially, with the first water allocation billing company, the bill was never higher than what you see indicated above. And then, without warning, without tenant consent, without an explanation of a change to the billing formula, the billing company was switched to a company called NES.

National Exemption Service.

Immediately, with no explanation, the first bill from NES took a BIG jump, for a two bedroom, two bathroom apartment, going from the $20 range to the $32 range. With each subsequent bill the amount increased, again, with no explanation, in violation of TCEQ rules.

At one point notice was given that the NES billing would be covering a longer billing period, in order to catch the billing period up to being more concurrent with the rent due date.

Huh?

So, how did it happen that residents had been water back billed months prior to their rent due date? It was not the resident's choice as to when to begin water billing. And such billing could only begin with the inception of a new lease. The high point for an NES bill during their catch up period, for a two bedroom, two bath apartment was over $50.

Do the words "fraud" and "racketeering" mean anything to anyone?

At the top you see the final bill for a two bedroom two bath apartment from NES before, with no notice, and mid-lease, in clear violation of TCEQ rules, once again the water allocation billing company was switched. This time to an entity called Comptrol Technologies.

More on Comptrol Technologies' reputation in a subsequent article.

As you can see below, the first bill from Comptrol Technologies took an over $10 jump from the previous NES bill. Again, with no explanation, again, mid-lease, again, without tenant consent and again, in violation of TCEQ rules.

And now, in the latest iteration of a Havenwood Lease, in the section pertaining to water billing, we see a drastic change to the information regarding the average amounts billed...

Clearly, Fort Worth has not doubled the amount it charges for water. It is highly unlikely Havenwood residents have doubled their water usage. Particularly when they are supposedly being motivated to save water in order to save money.

So, what is the explanation for the BIG increase in the dollar amount being billed?

TCEQ, as in the Texas Commission on Environmental Quality, requires an explanation.

We are in the process of trying to obtain that required explanation. In the meantime, the aforementioned "fraud" and "racketeering" explanation would seem to be the most logical explanation to explain the inexplicable....

Texas Commision on Environmental Quality Apartment Tenant Water Allocation Rules

The State of Texas allows landlords to bill tenants for water and wastewater service without the tenant's bill being based on the tenant's measured, metered use, instead basing the bill on all tenants in an apartment complex being billed for their share of the collective water consumption, based on TCEQ approved formulas, which seem fraught with the opportunity for fraud.

TCEQ has established specific rules regarding water allocation billing. However, judging by all the complaints about water allocation billing, apparently, with the TCEQ, rules are made to be broken.

You can read all of the TCEQ Tenant Guide to Allocated Water on Wastewater Service, relevant parts of which are below....

Is this practice legal?
Yes, Texas law allows owners or allocated service providers to bill tenants for water and wastewater service. Under this law, the TCEQ has adopted rules designed to provide safeguards for you, the tenant. The rules require the property owner to provide you with specific information about your bills and to include disclosures about their billing practices in your rental agreement. It is important for you to be familiar with these requirements, because any billing disputes that arise must be resolved by you and the property owner, usually by working with the on-site manager. What should my rental agreement include concerning allocated water or wastewater service?

Your rental agreement, lease, or a lease addendum, should disclose the following information:
• Disputes about the calculation of your bill are between you and the property owner.
• You will be billed on an allocated basis.
• You will be billed for water and/or wastewater.
• You have the right to receive information from the owner to verify your utility bill.
• A clear description of the allocation method the property owner will use to calculate your bill.
• The average monthly water/wastewater bill for all dwelling units in the previous calendar year, and the highest and the lowest bill in that year.
• The date bills are usually issued.
• The date bill payments are usually due.
• The number of days it will take to repair a leak in your dwelling unit, after you have reported it in writing.
• The number of days it will take to repair a leak

What utility charges can be passed through to tenants?
Allocated bills for water and wastewater may only include utility charges for water, wastewater, and surcharges directly related to those services. Tenants may not be charged for fees the utility has billed the owner for a deposit, disconnect, reconnect, late payment, or other similar fee. Texas law does not allow property owners to profit from allocated billing by adding extra fees or hidden charges to water and wastewater bills.

What records must be made available to me concerning allocated service?
The TCEQ rules require property owners to make the following billing records available to you for inspection at the manager’s office during normal business hours. The owner or manager may ask you to submit a written request to view this information. Records routinely kept at the on-site manager’s office should be made available within three days. Records routinely kept elsewhere must be made available within 15 days of receiving your written request. If there is no on-site manager’s office, the owner must make copies of requested information available at your dwelling unit, at a time agreed to by you, within 30 days of receiving your written request.

Information that must be made available to you includes:
• the statute that allows owners to bill tenants for water and wastewater service (Texas Water Code, Chapter 13, Subchapter M),
• TCEQ rules that regulate this practice (Title 30, Texas Administrative Code, Chapter 291, Subchapter H),
• rates charged to the property by the utility,
• bills from the utility to the property,
• data on occupancy and square footage used to calculate allocated bills,
• calculations showing deductions for common areas (if applicable),
• total amount billed to tenants each month for water/wastewater,
• total amount collected from tenants each month for water/wastewater,
• any other information you may need to calculate and verify your water/wastewater bill, and
• conservation tips.

Can the owner or allocated service provider change the way I am billed? No, not unless:
• the owner has given you notice of the proposed change at least 35 days prior to implementing the new method;
• your existing lease has expired, or you are willing to sign a new lease before the current lease expires; and
• you have agreed to the change by signing a lease or other written agreement.

Texas Tenant Rights

From the Website of the Attorney General of Texas, Greg Abbott....

Tenant Rights

The relationship between Texas landlords and their tenants is governed by several statutes, particularly Chapter 92 of the Texas Property Code, and by various court rulings. However, the most important source of information about your relationship with your landlord is your rental agreement, whether it is written or oral.

Some landlords prefer oral agreements, but it is more common for them to require your signature on a written lease. Be sure to read the lease carefully before you sign it.

If you want to change a part of the lease, discuss it with the landlord. If the landlord agrees, the two of you should decide how you want to word the change, and then write it into the agreement. Both you and the landlord should then initial the change. For example, many standard leases prohibit pets, but your landlord may be willing to accept a pet if you put down extra money as security.

Peace and Quiet
Your rights as a tenant include the right to "quiet enjoyment," as it is called in the law. This means the landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet.

If other tenants in your building are disturbing you, you should complain to the landlord. The landlord has a duty to see that you are protected from other tenant's wrongful behavior. Of course, you may not disturb other tenants, either.

Except under certain circumstances and subject to certain conditions, a landlord may not interrupt utilities to a tenant unless the interruption results from bona fide repairs, construction, or an emergency.

Health and Safety
You have a right to demand that the landlord repair any condition that materially affects your health and safety. Under Texas law, by renting you the property, the landlord guarantees that the unit will be a fit place to live.

SB 1448 (81st Regular Session), effective January 1, 2010, now grants justices of the peace authority to order landlords to repair or remedy conditions affecting a tenant's health and safety, as long as the cost of the repair does not exceed $10,000. Tenants can go to justice court without an attorney to obtain a repair order.

Under certain conditions, you and the landlord may have a written agreement that you will make needed repairs. The landlord does not have a duty to pay for or make repairs if you or your guests cause an unsafe or unhealthy condition through negligence, carelessness, abuse or accident—unless the condition resulted from "normal wear and tear."

Also, the landlord must provide smoke detectors. You may not waive that provision, and you may not disconnect or disable the smoke detector.

Security
Although there are some specific exceptions, under Texas law, a dwelling must be equipped with security devices such as window latches, keyed dead bolts on exterior doors, sliding door pin locks and sliding door handle latches or sliding door security bars, and door viewers.

These devices must be installed at the landlord's expense. If such devices are missing or are defective, you have the right to request their installation or repair.

If You Have Problems
If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to:

• End the lease;
• Have the problem repaired and deduct the cost of the repair from the rent; or
• File suit to force the landlord to make the repairs.

You MUST Follow These Steps:

1. Send the landlord a dated letter by certified mail, return receipt requested, or by registered mail, outlining the needed repairs. You may also deliver the letter in person. Keep a copy of the letter. Be sure that your rent is current when the notice is received.
2. Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. The law presumes seven days to be a reasonable time, but the landlord can rebut this presumption. If the landlord has not made a diligent effort to complete the repair within seven days and you did not have the first notice letter delivered to your landlord via certified mail, return receipt requested, or via registered mail, you will need to send a second notice letter regarding the needed repairs.
3. If the landlord still has not made diligent efforts to repair the problem within a reasonable time after receipt of the notice letter sent by certified mail, return receipt requested or by registered mail, you may be entitled to terminate the lease, repair the problem and deduct the cost from your rent, or get a court to order that the repairs be made. You should consult with an attorney before taking any of these actions.

Under Texas law, it is illegal for a landlord to retaliate against you for complaining in good faith about necessary repairs for a period of six months from the date you made such a complaint. Of course, you can always be evicted if you fail to pay your rent on time, threaten the safety of the landlord or intentionally damage the property.

You do not have a right to withhold rent because the landlord fails to make repairs when the condition needing repair does not materially affect your health and safety. If you try this method, the landlord may file suit against you.

Recovering Your Deposit. Most landlords require you to pay a security deposit to cover any repairs needed when you move out or to cover your failure to pay the last month's rent. By law, landlords cannot refuse to return the deposit without a valid reason.

Deductions for damages. Under Texas law, you must give the landlord a forwarding address and the landlord must return the deposit — less any amount deducted for damages — within 30 days. If the landlord withholds part or all of your deposit, he or she must give you an itemized list of deductions with a description of the damages.

Normal wear and tear. The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage. For example, if the carpet simply becomes more worn because you and your guests walked on it for a year, the landlord may not charge you for a new carpet. If your water bed leaks and the carpet becomes mildewed as a result, you may be charged.

Advance notice requirements. You should check your rental agreement to see if it requires you to give the landlord advance notice that you are moving. Many leases require 30 days notice as a condition of returning your deposit.

If you give your landlord your new address in writing and you do not receive your deposit or an explanation within 30 days of your departure, contact the landlord. If you cannot resolve the problem satisfactorily, you may wish to consult an attorney. You can also contact the Better Business Bureau or your local tenant's council. You can also file a complaint with this office.