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Presentation, discussion, and possible action on recommendation to adopt an Agreed Final Order assessing an administrative penalty relating to Walnut Creek (HTC 00024T, HTC 18420, CMTS 59), and Forest Creek f/k/a Ware Meadows, (HTC 22422, CMTS 5861)
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RECOMMENDED ACTION
recommendation
WHEREAS, Walnut Creek (HTC 00024T, HTC 18420, CMTS 59), owned by LIH Walnut Creek Austin LP, and Forest Creek f/k/a Ware Meadows (HTC 22422, CMTS 5861), owned by LIH Forest Creek Preservation, LP, had uncorrected compliance findings relating to the applicable land use restriction agreements and the associated statutory and rule requirements;
WHEREAS, TDHCA identified findings of noncompliance during its regularly scheduled 2024 National Standards for the Physical Inspection of Real Estate (NSPIRE) inspection at Walnut Creek, and referred that noncompliance for an administrative penalty when it was not timely corrected;
WHEREAS, the referred NSPIRE noncompliance was fully resolved on July 28, 2025;
WHEREAS, TDHCA identified findings of noncompliance during its regularly scheduled 2024 file monitoring review at Forest Creek, and referred that noncompliance for an administrative penalty when it was not timely corrected;
WHEREAS, the referred file monitoring noncompliance was fully resolved on May 15, 2025;
WHEREAS, an Enforcement Committee informal conference was held on June 17, 2025, and Owner agreed, subject to Board approval, to enter into an Agreed Final Order assessing an administrative penalty of $1,500.00 for Walnut Creek and $2,000.00 for Forest Creek; and
WHEREAS, staff has based its recommendations for an Agreed Final Order 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 $1,500....
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