Membership legal policies for residential and commercial programs.
This page summarizes the current legal structure behind Earlimon Capital Improvements memberships, including Business Hours definitions, minor-maintenance scope, exclusions, reporting obligations, and conspicuous limitation-of-liability language.
Homeowner Membership Agreement - Rev. 2
Rev. 2 adds explicit Business Hours, a clearer minor-maintenance examples table, and a conspicuous limitation-of-liability section intended to satisfy Texas notice standards.
Definitions and scope of services
- Company: Earlimon Capital Improvements LLC.
- Member / Client: The enrolled homeowner paying for the selected membership tier.
- Inspection: A visual, non-invasive review of accessible remodeling and maintenance conditions.
- Minor Maintenance Service: A small task requiring no specialized materials, usually within two Business Hours and within the defined value threshold.
- Business Hours: Monday to Friday 8:00 AM to 6:00 PM CT and Saturday 8:00 AM to 12:00 PM CT, excluding Texas and Federal holidays.
- Health Report: The digital findings report with photos, notes, and condition ratings after each visit.
Enrollment, payment, and discount clawback
Payments must be directed to Earlimon Capital Improvements LLC, not to any individual personally.
- Membership activates only after the first payment is received and confirmed.
- Monthly plans renew on the same billing cycle. Annual plans are prepaid and generally non-refundable after the first inspection.
- If a discounted project is used and the member cancels before the minimum participation period, the savings difference may be invoiced back.
Business Hours and scheduling priority
Residential 24-hour and 48-hour promises apply to scheduling confirmation, not guaranteed same-day repair completion.
| Day / period | Hours (CT) | Requests accepted? | Priority timer |
|---|---|---|---|
| Monday - Friday | 8:00 AM - 6:00 PM | Yes | Runs upon receipt |
| Saturday | 8:00 AM - 12:00 PM | Yes | Runs upon receipt |
| Saturday after noon | Closed | No | Resumes Monday 8:00 AM |
| Sunday / holidays | Closed | No | Resumes next business window |
| Weather emergency | Suspended | Conditional | Resumes when safe |
Inspection scope and exclusions
- Visible plumbing fixtures, accessible HVAC filters and ducts, interior surfaces, doors, windows, and visible flooring issues may be reviewed.
- Inspections do not include concealed defects, electrical diagnostics, engineering, mold testing, hazardous-material analysis, or destructive investigation.
The roofing system is completely excluded from residential membership inspections, repairs, and assessments.
Minor maintenance examples
Rev. 2 adds a non-exhaustive examples table so members can see what typically qualifies and what clearly does not.
| Task | Usually qualifies? | Reason |
|---|---|---|
| HVAC filter replacement | Yes | Short task, standard stock, low material cost. |
| Weatherstripping replacement | Yes | Simple labor, standard materials. |
| Toilet flapper replacement | Yes | Usually under the time and value threshold. |
| Water heater replacement | No | Licensed specialty work and cost beyond minor-maintenance scope. |
| HVAC refrigerant service | No | Licensed HVAC work outside membership maintenance scope. |
Reports, ratings, and deferred repairs
- Reports should be delivered within 72 hours and treated as a dated record of property condition.
- If a repair-needed condition is documented and the repair is declined, responsibility for resulting deterioration remains with the member.
- Delivery acknowledgments and estimate decisions should stay tied to the member file.
Conspicuous limitation of liability
The total liability of Earlimon Capital Improvements LLC under the residential agreement should not exceed the membership fees paid by the member during the 12 months immediately preceding the claim.
Indirect, incidental, consequential, punitive, or speculative damages are excluded to the extent permitted by Texas law.
Disputes, governing law, and execution
- Pre-litigation mediation should occur in Harris County, Texas before formal suit.
- Texas law governs the agreement and venue should remain in the agreed Texas county structure.
- The signed agreement, reports, and related estimate history should be delivered to the member and retained in company records.
Commercial Property Maintenance Agreement - Rev. 2
The commercial revision focuses on Business Hours, access obligations, minor-maintenance clarity, and a conspicuous liability cap tied to contract fees and property reporting practices.
Parties, property, and Business Hours
- Client: The owner, HOA board, manager, or authorized representative signing the agreement.
- Property: The commercial or multi-unit property defined in the property profile and service exhibits.
- Authorized Contact: The person responsible for access, scheduling, reports, and payment coordination.
- Business Hours: Monday to Friday 8:00 AM to 6:00 PM CT and Saturday 8:00 AM to 12:00 PM CT, excluding Texas and Federal holidays.
Term, pricing formula, and payment rules
Monthly fee = base fee + (total units or rooms x per-unit rate), with annual prepaid discounts documented in the agreement.
- The initial term is 12 months and typically renews unless the required notice is given.
- Unit-count changes should be disclosed so pricing can be updated in writing.
- Commercial payments should be directed to Earlimon Capital Improvements LLC and may suspend service if materially late.
Business Hours, scheduling, and access duties
| Day / period | Hours (CT) | Requests accepted? | Priority timer |
|---|---|---|---|
| Monday - Friday | 8:00 AM - 6:00 PM | Yes | Runs upon receipt |
| Saturday | 8:00 AM - 12:00 PM | Yes | Runs upon receipt |
| Saturday after noon | Closed | No | Resumes Monday 8:00 AM |
| Sunday / holidays | Closed | No | Resumes next business window |
| Weather emergency | Suspended | Conditional | Resumes when safe |
If the client does not provide access to an in-scope area, that area should be treated as uncovered for that visit and the resulting risk remains with the client.
Service scope and exclusions
- Commercial scopes should identify whether service applies to common areas, individual units, or both.
- Electrical diagnostics, engineering, hazardous-material analysis, destructive testing, and pool chemical management remain outside scope.
The roofing system remains completely excluded from commercial inspections, assessments, and repairs under this program.
Commercial minor-maintenance examples
Rev. 2 adds clearer examples so operators, boards, and managers can distinguish included small tasks from specialty or replacement work.
| Task | Usually qualifies? | Reason |
|---|---|---|
| Standard HVAC filter replacement | Yes | Short task with standard materials. |
| Caulk resealing in one bathroom or unit | Yes | Within basic labor and materials threshold. |
| Cabinet adjustment or fixture remount | Yes | Small labor item without specialty procurement. |
| Toilet replacement | No | Replacement scope with higher cost and longer labor. |
| HVAC refrigerant or compressor service | No | Licensed technical work outside commercial maintenance allowance. |
Reports, deferred repairs, and legal record
- Reports should identify building, site, unit or room reference, photo evidence, and repair-needed findings.
- If a repair-needed condition is documented and the repair is declined, resulting deterioration risk remains with the client.
- Commercial reports should be retained as a property record for board, owner, and operational review.
Conspicuous commercial liability cap
The total liability of Earlimon Capital Improvements LLC under the commercial program should not exceed the contract fees paid by the client during the 12 months immediately preceding the claim.
Indirect, incidental, consequential, punitive, regulatory, tenant-displacement, or lost-income damages are excluded to the extent permitted by Texas law unless directly caused by gross negligence or willful misconduct where applicable.
Termination, disputes, and execution
- Commercial agreements usually include renewal notice periods, early termination consequences, and late-payment default rights.
- Mediation should occur before litigation, with Texas law and the agreed venue structure controlling the contract.
- Executed copies, property profile details, scope schedules, and pricing exhibits should be delivered and retained with the contract record.