My name is Amy Orbison and I live at 201 Wegstrom St. in HuttoParke. I have had numerous problems with my home.

It all started when we moved in September 2004. First, we had a problem with our upstairs tub leaking water. Lennar repair people never fix it correctly. In return, this lead to mold. After two years an eviromental agency had to come take care of it. I have the CD containing all the photos of this. Please note, we had to remain in the home while this was going on. To this day, I think this is why my daughter was so sick all the time.

Next my toilet in the upstairs started leaking between the floors. I had to pay someone to remove it and fix it. Lennar would not take care of it. However, they did come cut out part of the ceiling and repaint. However, since the air vent was in the way they didn't remove it and replace the sheetrock in that area. There is not telling what kind of mold is sitting there.

Our rock has been breaking off since the ice storm. To this day it's still breaking. Now I just leave the piece laying were they fall.

We have had cracks in our drywall on the second floor. Our windows are leaking. We told it was a cosmetic problem and they are not covered under warranty. I've been working and spending out of pocket to fix these cosmetic problems. I guess filling, re-caulking and filler doesn't work. Some of the cracks are back and the windows upstairs still leak when it rains heavy.

On top of that we have had to pay out of pocket to fix. Air/heating system, waterheater, and refrigerator. However, I do not have the finance to take care of the rock or anything else.

The nails are visible again in the upstairs. The plaster has fallen off and they are starting to pop out. I hate to see what the attic looks like. Due to my back surgery, I can't get up there to see.

Now that I know we have foundation problems. So, I've put in another customer's request. Let's see what happens now.

My employer is requiring me to transfer to a new facility. So, we recently put our home up for sale, (this was before we realized there are foundation problems). With all the problems we have already had, we couldn't put it on the market for what we still owe on it. As it stood we would have to put up nearly 12,000 out of our own pockets, that is if we could get the listed price. I can honestly say I will not sell it to anyone without the buyer knowing everything that's wrong.

I don't even have to say it, but I will. I haven't had anyone interested in even looking at it. No one wants my nightmare. It feels like I'm living in that old move "The Money Pit".

I was tired of fighting. Now, I'm to angry to stop. I thinks it high time I contact a lawyer!

8-29-2007
I would like to provide an update. First, I had someone take a look in my attic. What a mess! Just take a look at the pictures.

Lennar representatives came today to address my complaints. They want to have a third party inspector come. They want my family and I to move from our home offering to pay moving, hotel, food, boarding for my pets, so they can make the necessary repairs. Such as replacing the roof. I'm still hearing the same old line that most of the repairs are "cosmetic".

I think what shocked me the most was the representative actually said they were not notify any of the home owners that there may be a problem with their homes. They are only addressing the owners who have filed a complaint. Now doesn't that just take the cake!!

I was also told to trust Lennar and not listen to my neighbors. I made it clear that I don't trust Lennar as far as I can throw them. My neighbors have been more honest with me in the last two days than Lennar has been in almost three years. They have done nothing but deceive my family and I since we bought this home.

This is not at all acceptable. When I tried to explain I have a very ill wheelchair bound dependent living here. I don't think they really heard me. Our phone line is used to check vitals. We have a nurse and a therapist in and out. It's not like you can just up and move for 3 or 4 weeks and return. There's paper work and procedures that have to be followed.

So, I'm stuck with a home that needs such major repairs that I will be required to move. A home that has to be removed from the market, since it not sellable. A home come December 1st that will be sitting here empty because, my employer is shutting down their Austin location and moving it to San Antonio. A home that I'm required to make a mortgage payment on, while paying rent to live else where, unless I want my credit to be ruined. All because Lennar deceive my family and I.

So now I really have no other choice but contacting an attorney.

Amy Orbison

submitted 9/11/2007 Here is an email that was sent to many including the city.

To: Ken Love
Cc: Tina Slayton; Debbie Holland; Ronnie Quintanilla-Perez; David Begier; Jason Wirth; Nancy Olguin; Debbie Chelf; Patti Gilmore; Joni Clarke
Subject: HuttoParke


To Whom It May Concern:

My name is Amy Orbison. I live at 201 Wegstrom St. Hutto, Texas 78634. If you are not aware of it I would like to take this opportunity to inform you, that several homeowner’s including myself, are living in defective homes built by Lennar.

Lennar is tarnishing this community before the development has even really begun. I would like to know how long the City of Hutto is going to allow Lennar to continue being negligent, causing our neighbor’s the loss of use of their property, and the stress of moving their families in and out of their homes?

My family and I needed to sell our home. My employer is requiring me to transfer to a new facility in San Antonio by December 1, 2007. Like any other person would have done, we had put our home up for sale. Since this was not foreseen, I had not had the chance to repaint and make any other minor repairs.

Whiles someone was viewing our home the nails pops, sheetrock cracks, and cracks in the foundation were noticed. In the past when we had turned in a repair request, we were told it was only a cosmetic issues. Lennar would send someone out to screw them back in, re-plaster and repaint. I contacted Lennar once again, concerning these issues and the new issue with the foundation.

Lennar sent a customer service representative out to address my complaints. They looked at everything and gave me a memorized speech of what they felt was causing the problem.

I was told, they would remove the roof, rebuild my whole upstairs. They would replace the carpet, hot water heater, refrigerator, and AC and have my home professionally cleaned. They would replace my rock on the outside and have the foundation fixed. Some of these items have been repaired on numerous occasion.

The representative offered on the spot to pay my moving expenses. To pay someone to come in and pack our things and move it to storage and when the repairs were complete to bring it back and unpack it. They expected I we would be out of the home for 14-24 days. On the spot they offered a $150 day per person for a hotel room, 40 per person per day for meals, $35 dollars per pet for boarding, $20 dollars per car per day for gas, $20 dollars per day for utilities and 50 per day for miscellaneous expenses.

At this point, a licensed professional had not even inspected or determined the extent of the damage. Why would you make an offer to someone before this took place?

They told me they would bring in DEH Engineering and a third party inspector on my behalf. My opinion, if Lennar pays you, than you’re no longer a third party on my behalf. This put me on alert so then I became concerned about pass issue they may not have be correctly repaired. Such as the tub not being removed when we had mold issues from 2004 until February of 2007. Not removing the sheetrock around the a/c vent in the ceiling, when they repaired the water damage created by a faulty toilet seal in the upstairs bath. They told me the inspector would take a look at these concerns.

The inspector came on 9/6/2007 and found the following problems. However, after informing him of the situation, he never addressed the issue I had concerning the mold. Rear rafters at hip are broken, Poor bearing. Truss clips nailed incorrectly, no evidence of dry wall clips, Truss clips sandwiched between front attic frame blocks, nail pops and seam cracks in the interior, missing weather strip and insulation front and rear attic cover, service conductors conduit cracked at meter box, secondary drain for A/C leaking, (Please note these two defects are located right next to each other), gaps in flooring under carpet in the upstairs, floor pops upstairs, garage lintel not drilled to allow expansion control causing cracks and breakage of rock.

DEH Engineer came the same day but informed me it could be up to two weeks before we had their report.

Now for the safety of my family we have to leave our home. I have a very ill wheelchair bound dependent living here. We have a nurse and a therapist in and out. It's not like you can just up and move for 3 or 4 weeks and return. There's paper work and procedures that have to be followed. Then tell me how I get my child to school when I work the hours of 6:30 am until 6:30 each day?

My family and I have lived in this neighborhood since September of 2004. We made improvements to our home, which should have increased the value. With the problems we had in the past, such as water leaking in the bathroom causing mold, windows leaking, air/heating repairs, appliance repairs just to mention a few. We couldn't put it on the market for what we still owe on it. As it stood we would have to put up nearly 12,000 out of our own pockets, that is, if we could get the listed price. I was in agreement with this, because I work for a very good company that was going to help absorb some of this cost.

Since our home is defective the realtor terminated our contract. Thanks to trusting Lennar and trusting that they correctly fixed the problems I reported. They have left my family and me with two choices. I can either stay in a home with 0 resell value and to spend 6+ hours a day driving back and forth to my employment in San Antonio, or I could stop making payments and allow the mortgage company to foreclose on the property. The second option is not a choice my family and I are willing to make.

Even though Lennar had sufficient time to inform us this was more than a cosmetic problem. They chose not to do so. The representative that recently came to speak with us actually admitted they were not notifying any of the homeowners that there may be a potential problem with their homes. They were only addressing the owners who have filed a current complaint.

Many repairs have already take place in this neighborhood. Some homes still will not pass inspection once it’s been repaired. Even if the repair work is completed and they finally get it right, do you honestly think any of us are going to find a buyer to pay market value once the repair information is disclosed? Would you buy a home if you knew it had so many defects?

Then you have to consider, the expansive soil problem none of us were made aware of when we purchased our home. My paperwork signed by Lennar/Nuhome clearly states this area is not expansive soil. Soil test prove otherwise. Since the homes were not built on a non-expansive building pad. What do you think will happen to our homes in the future? What do you think the value of them will be then? Would you buy a home after this information was disclosed?

In my opinion, Lennar has been negligent by overseeing and supervising the construction of my home. I believe, they have sold my family and I, a defective home with faulty design and construction of the whole structure. In my opinion, I believe they committed fraud by stating on my HUD forms 92541 the soil was not expansive.

Due this my family and I have had no other choice, but to engage Cantey Hanger, LLP and Galow Smith, P.C. in this matter.

I believe it is time the City of Hutto steps in and takes action against Lennar. The joke that Hutto is the “center of the universe” has turned in to “the center of hell” for some of us. Hutto is loosing it small town charm quickly.

The link below will give you a glimpse of what’s really going on in Hutto. It might help you realize that this is an issue that really needs to be addressed.

http://www.huttoparke.com

I would like to thank you for your time and consideration in this matter,

Amy Orbison



And here is the response:


Dear Mrs. Orbison,

Thank you for bringing your concerns to our attention. As a fellow home owner in Hutto, I understand your desire to see your home and investment protected. We are reviewing this situation to see if there are any options that we can provide to either you or your neighbors.

Our Building Inspection Division is familiar with the concerns that you cited and will continue to monitor this situation to see if there is any assistance or information that we can provide to the parties involved. Sincerely,

Ed Broussard

Edward A. Broussard, City Manager

10-14-2007 Amy has submitted some more pictures of what is happening at her home.

12-11-2007 201 Wegstrom has submitted the correspondence between Lennar and themselves with the kind of customer service Lennar corporation continues to offer. Read below to see what you can expect after becoming a Lennar customer.

From: Darrin.Nikolaisen@lennar.com
To: Amy
Sent: Wednesday, November 14, 2007 4:00 PM
Subject: drainage

Amy,

I met with our grader earlier today. He was pretty swamped today and said he was not able to get by there today. He wanted to meet me over there tomorrow in the AM. I will call before I go by there. Sorry to send this to you so late in the day.

Darrin

To: Darrin.Nikolaisen@lennar.com
From: "Amy Orbison"
Date: 11/14/2007 07:46PM
Subject: Re: drainage


Darrin,
I apologize for not responding to your email yesterday. Things are very hectic here at the moment. I do understand you all are very busy. However, Thomas waited the whole day for you guys. He's taking off again tomorrow. If for any reason you can't make it please let me know as soon as possible. I am assuming tomorrow that you will be able to confirm when the job will be started and the length of time the job will take to complete. This is very important in case we have to make arrangements for our pets. Also, will the under penning issue be resolve while this is going on?

Also, I never received an answer concerning the other issues. Is your area manager still coming by concerning the driveway? Will Foster's Inspection still be coming by concerning the hardy board and rock? When will the service conductors at the meter box and the secondary drain to the AC unit be taken care of? Will someone whom speaks English be present during the repairs? I don't mean to over whelm you with things. I'm just trying to figure out how the repairs are going to affect our family and make arrangements accordingly. Everything is so hectic and the Holidays are upon us.

Thanks again for everything. I appreciate you trying to stay in contact with me.
Amy Orbison

From: Darrin.Nikolaisen@lennar.com
To: Amy Orbison
Sent: Thursday, November 15, 2007 8:58 AM
Subject: Re: drainage


Amy,

I am meeting the grader at your home around 9:30 this morning. I will give you an update on the other items this afternoon.

Darrin

To: Darrin.Nikolaisen@lennar.com
From: "Amy Orbison"
Date: 11/15/2007 03:10PM
Subject: Re: drainage

Darrin,
I guess I'm going to have to put my email on check every 15 minutes instead of the hour. Thomas said he saw you two standing on a truck looking over the fence. However, by the time he was dressed and came out you guys were gone. I will be waiting for your update.

Thanks,
Amy Orbison

From: Darrin.Nikolaisen@lennar.com
To: Amy Orbison
Sent: Thursday, November 15, 2007 4:59 PM
Subject: Re: drainage

Amy,

Because I gave you such short notice I thought it would be best to not disturb anybody. He was able to see everything he needed from the street. He says it will take about a day to get it taken care of. He will have to take two fence panels off along the street to gain access for his tractor. I should be able to get the fence company out the same day to put it back. The underpinning will be addressed shortly thereafter.

Larry Foster of Foster's Inspections is personally going to inspect the home on Tuesday, 11/27 at 2:00pm. If you or Thomas could be there he will be happy to answer your questions.

I left a message with Greg to ask about the driveway. He is aware that he needs to go by there, I'm just not sure if he already has or is planning on it soon. I will remind him.

I will call the electrician and and A/C tech tomorrow to get that lined out for you. The A/C guy may need access to the inside of the home so I will coordinate that with you.

The grader, electricians, and A/C techs speak English. The underpinning guy barely does. I'll be present.

Thanks,
Darrin

To: Darrin.Nikolaisen@lennar.com
From: "Amy Orbison"
Date: 11/15/2007 09:16PM
Subject: Re: drainage

Darrin,
Thanks for the update. Thomas or I one will be here on Tuesday. When will they start on the back?

Also, will the fence company add concrete to all the poles as you add mention when you were here to view the underpinning situation? You can't close the gate unless you push the whole side inward. Just let me know when Greg will be here and the other technician. I will make arrangements accordingly. Thanks again,
Amy

From: Darrin.Nikolaisen@lennar.com
Sent: Dec 4, 2007 10:24 AM
To: Amy Orbison

Hi Amy,

I just met with the grader. He wanted to see if he could get in your backyard tomorrow morning to shoot some elevations. He also wanted to see about completeing the grading this week while the weather is good.

Thanks,
Darrin

To: Darrin.Nikolaisen@lennar.com
From: Amy
Date: 12/04/2007 02:52PM
Subject: Re: drainage

Darrin,
That will be fine. The grader can come tomorrow. What day this week was he planning to start the work? Will the fence be corrected at this time? Will the underpinning also be repaired at this time? You had mentioned earlier you were waiting to address the underpinning until the grader came to do his thing. What about the other issues? When will the service conductors at the meter box and the secondary drain to the AC unit be addressed? You had told me a while back that you would contact them the following day and I have never heard from anyone. When will Greg becoming concerning the driveway. Did he forget?
Also, while I have your attention, when will I have Foster's report concerning the rock and hardy board?
Thanks again,
Amy

From: Darrin.Nikolaisen@lennar.com
To: Amy
Sent: Wednesday, December 05, 2007 10:46 AM
Subject: Re: drainage

Amy,

The grader took elevations of your yard this morning. He would like to do the repairs on Moday, weather permitting. I will have sod laid down on Tuesday. Is it OK to proceed?

Once the grading is done and the sod is laid I will have the underpinning taken care of. The fence panels that the graders remove and put back will be checked out by the fence company.

I've attached a copy of Foster's Inspections report. I tried to send it to you yesterday and I thought it went through, but obviously it did not. Sorry for the wait. Lennar will repair the exterior in accordance with the inspection report.

As for the driveway Greg looked at it. Unfortunately, the driveway is not under warranty and will not be addressed.

I will contact you later this afternoon on the A/C drain line and meter box.

Darrin

from: Amy
to: Darrin.Nikolaisen@lennar.com,


dateDec 11, 2007 10:02 AM subjectFw: drainage

Darrin,
I assumed the grader did not showed up yesterday due to the weather. I also assumed you would contact me to reschedule this repair work. My husband just contacted me, to let me know someone came and tore down our fence and left. I don't know what is going on, but I expect someone to tell me real quick. The weather is worse today than it was yesterday. It suppose to rain off and on all day. Thomas picked my dogs up last night from my friends assuming this would be rescheduled.

It is not acceptable for Lennar to make decision without informing us. Since you took it upon yourselves to remove our fence, then I want the process finished asap with no excuses. Either someone needs to get back over there and finish the process or put the damn fence back up. I want to know how the rain is going to affect the situation and how long it’s going to take to complete the process.

Amy Orbison

To: Amy
Sent: Wednesday, December 19, 2007 4:39 PM
Subject: Re: Fw: drainage


Amy,
The weather was a factor on when they were able to do the grading. It was a bigger factor on when they could put down the sod. The loam had to dry out enough for them to walk on it so it wouldn't get destroyed when they laid the sod. The grader could not put the fence panels back because the post was no good. ABC Fence will be out tomorrow to install a new post. They will not be able to put the panels back until Friday to let the concrete harden. I am terribly sorry for the delay in my response to you and for the inconvenience this has caused you and your family. If you need an immediate reponse on an issue in the future please call me.

Sincerely,
Darrin

The last contact I had with lennar is above. It is now Feb 2-08. I'm serious, you may want to make a note on the website to stay away from 201 Wegstrom St. We will not be responsible for any accidents or electrocutions. Since they have not serviced the conductors at the meter box and the secondary drain to the AC unit. Darrin was suppose to get an electrician here December 5, 2007.

Amy

Update: 2-4-2008
Just since November this house has made obvious changes. Some really weird stuff is happening too. Like the tub surround is starting to have visible cracks in different areas. In the areas where the interior walls meet the outer walls, especially downstairs there are cracks all the way down. Downstairs the nails are popping like popcorn. Here are some photos.