Resident #2 told federal inspectors on November 24 that her shower had been under construction for "2 months and 2 weeks." She said she didn't like the situation but commented "it is what it is, she could not do anything about it."
The resident said she would rather have her own shower but had been using the main shower room next door to her room. Her bathroom floor had an uneven surface in the middle that was "sunk in," though she said she had no problems walking over it with her rolling walker and had never fallen. A stain remained visible under the vanity.
The facility's administrator explained that Avir at New Braunfels had hired a contractor to remodel multiple showers, including Resident #2's, just before the facility was sold to new owners. The contractor then decided he wanted to negotiate for more money because the work was more extensive than he had initially realized.
The administrator said the facility's new ownership was pursuing legal action against the contractor, but the remodeling project had been "at a standstill for a couple of months" while the case proceeded.
All other restrooms under construction had been secured and locked, the administrator said. But Resident #2's bathroom remained accessible because "she was adamant she wanted access to the toilet."
The administrator acknowledged the restroom was not in "homelike condition" and that Resident #2 should not have had to wait two months to have access to her shower. He called the situation "an inconvenience" and said he was waiting for the new company to approve securing another contractor to complete the work.
Federal inspectors cited the facility for failing to maintain a dignified living environment for residents. The facility's own policies require treating residents with "kindness, respect and dignity" and guarantee residents the right to "a dignified existence."
The facility's maintenance policy, last revised in December 2009, states that maintenance services must be provided to all areas of the building and equipment. The policy requires the maintenance department to keep buildings "in good repair and free from hazards" and in compliance with federal, state and local regulations.
Despite these written commitments, Resident #2 continued living with a partially demolished bathroom more than ten weeks after construction began. The facility provided no timeline for when her private shower might be restored.
The inspection found the facility failed to ensure residents could maintain their dignity and personal privacy in their living spaces. While Resident #2 had adapted to using the communal shower room, the prolonged construction delay forced her to give up the privacy of her own bathroom for an indefinite period.
The administrator's explanation that the resident insisted on keeping toilet access suggested the facility viewed the situation as accommodating her preferences rather than addressing a basic maintenance failure. The legal dispute with the original contractor had effectively left residents in limbo while ownership changes and contract negotiations dragged on.
Resident #2's matter-of-fact acceptance of the situation, telling inspectors "it is what it is," reflected how nursing home residents often resign themselves to conditions beyond their control. Her preference for her own shower remained clear, but the facility had provided no firm commitment about when that might be possible again.
The case illustrated how business disputes between nursing homes and contractors can directly impact resident living conditions. While the facility pursued legal remedies against the original contractor, residents continued living with the consequences of the incomplete work.
Full Inspection Report
The details above represent a summary of key findings. View the complete inspection report for Avir At New Braunfels from 2025-11-24 including all violations, facility responses, and corrective action plans.