We read the 5 lawsuits. We visited with some of the Plaintiffs. We tried to speak with Board of Directors. We asked to speak with the manager. We received no return calls. We tried to access the online portal website, we asked for permission to access the info.We are still waiting. No answers, just the polite staff at the front desk that said they would relay the information.
Lawsuit #1: 438th District Court, Bexar County Texas, cause #2024CI109493. The pleadings and court file (independently verified) claim that the Wurzbach Tower Condo Association, particularly it's purported president Mary Demain as failing to show it's books and records. It further claims that the board of directors are not legally seated with proper elections. There are claims of fiduciary duty failures, and so much more it is impossible to cover it all here. The one thing that stood out to us a critical was the old fire alarm panel and the failure to install the law mandated fire sprinkler system over the last 10 or so years. We found out that the system was scheduled and funded (cost >$200k) for 2017-18, but a series of suspicious and bizarre events happened and the sprinkler system was deferred, and remains incomplete. We have listened to a audio recording that is represented to be Mary Demain telling board members that the current fire alarm panel is "partially inoperable'. If this is true, it is 'alarming'. We have reviewed the financial reality that
what cost less than $200k in 2017-18 would cost over $1 million or more today. That is fiscal irresponsibility if that is true. We evaluated the last 4 years financial statements of Wurzbach Tower and were horrified to discover that we have very little reserves, and certainly embarrassingly low/non existent reserves if this property had been exercising prudent fiscally responsible reserve studies and impounds. For example, the Vidorra Condo property is half our age, half as big, and has $2.7 million dollars in reserves compared to our dismal embarrassing $170k. They have remodeled every floor, repainted the exterior twice, have no unfunded liabilities about to bite them in the rear end.
Lawsuit #2. 224th District Court, Bexar County Texas, Cause # 2023-CI-22524, bifurcated into a separate cause effective December of 2024. The pleadings center around the failure of the Wurzbach Tower Association to fix some leaks (due to rain) into penthouses 2304 and 2305. The leaks occur when it rains, and the leaks are so pronounced that 2305 has not been able to occupy their penthouse unit, ever, for over 5 years. This despite paying increasing assessments that are currently $2300 per month. No wonder they sued. We also inspected and toured penthouse #2304. We were shocked to see the same types of leaks as 2305, but this owner has also had numerous roof leaks too in addition to the exterior walls.
Of special note, and this one scared us; we saw certified inspection reports that showed repeated infection of black mold in the walls of 2304 and 2305. Specifically Stachybotrys and Penicillium molds. This means the envelope of the building has the potential to infect every common air space. This is dangerous and exposes all of us to both health concerns and financial damages. No wonder 2304 and 2305 sued.
We saw an engineering report that recommended several action items to address the possible sources of the leaks (due to rain). We were surprised that little has been done for years to address these leaks. We inspected an invoice ($17K +-) for window caulking of 'penthouses' performed by a window washing company (seems unqualified) in early 2025. We noted that this caulking effort did not address the suspicious leaking patio concrete areas, and we were assured the leaks continue every time it rains. We, as neutral but interested neighbors, want to understand all of this. Why is the association not fixing the outside of the building to address these leaks? Why was the building sued in 2018 for the same thing? Where is the manager, or why don't we have a manager? Would anyone in their right mind pay $2300 per month assessments and not be able to live in their home?
Here is where we feel this could get solved. Whoever is running this association, why don't you fix the problem? Start with the obvious, seal the known cracks. Stop the red tape and excuses. Send the maintenance men up and start sealing the areas where an engineer said to seal. It sure seems like it would be cheaper to fix the problem than be sued over it and expose us to a jury award and legal costs. It seems like the bulk of the legal messes and suits would be over quickly if the association would act. There is no way in today's world that anyone would buy a condo, be it an efficiency unit or penthouse, and not be able to live in it; actually handicapped because they can't fix it. Can any owner at Wurzbach Tower imagine owning your unit and not being able to live there? Or sell it? Or rent it? And still pay your assessments? And taxes? And insurance? Would you expose your wife, husband, child, or anyone you care about knowingly to black mold?
SOLUTION
Because we want to see solutions, we propose that the association of Wurzbach Tower immediately solicit a 'Resolution Committee' of owners and board members be formed; such committee to expeditiously identify those areas where leaks are occurring and get these repairs underway. Solve the problem before, as alarmingly pleaded in the #1 court case, heaven forbid, a Receiver is appointed.