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Presentation, discussion, and possible action on recommendation to adopt an Agreed Final Order assessing an administrative penalty relating to The Life at Sterling Woods (HTC 04478 / CMTS 4176)
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RECOMMENDED ACTION
recommendation
WHEREAS, The Life at Sterling Woods (HTC 04478 / CMTS 4176) (Sterling Woods) has uncorrected compliance findings relating to the applicable land use restriction agreement and the associated statutory and rule requirements;
WHEREAS, Sterling Woods is owned by 8625 Winkler Drive Houston LLC, which is controlled by Olive Tree Multifamily Manager II LLC and Ian Bel;
WHEREAS, TDHCA identified findings of noncompliance at Sterling Woods during its regularly scheduled 2024 file monitoring review and as part of a 2024 complaint, and referred the Owner for an administrative penalty when findings of noncompliance were not timely corrected;
WHEREAS, all referred noncompliance has now been resolved;
WHEREAS, owner representatives participated in an informal conference with the Enforcement Committee on January 30, 2025, regarding multiple enforcement referrals, including a referral for administrative penalties for Sterling Woods;
WHEREAS, Ian Bel has agreed, subject to Board approval, to enter into an Agreed Final Order for Sterling Woods, assessing an administrative penalty of $12,000.00; and
WHEREAS, staff has based its recommendations for an Agreed Final Order for Sterling Woods on the Department's rules for administrative penalties and an assessment of each and all of the statutory factors to be considered in assessing such penalties, applied specifically to the facts and circumstances present in this case;
NOW, therefore, it is hereby
RESOLVED, that an Agreed Final Order assessing an administrative penalty of $12,000.00 for noncompliance at Sterling Woods, substantially in the form presented at this meeting, and authorizing any non-substantive technical corrections, is hereby adopted as the order of this Board.
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