Pinehurst Meadows Owners Association

What Pinehurst Meadows Owners Association's governing documents say

This document is a restrictive covenant and agreement recorded against the property at 3709 Evergreen Ridge Rd. in Pinehurst Meadows, Fort Worth, TX. It is not a full HOA or community rulebook; rather, it is an ancillary document between the original owner (Ramon Olivero) and the builder (Scott Sandlin Homes) that primarily addresses dispute resolution, warranty limitations, and builder remedies. It runs with the land and binds future owners.

• Dispute resolution: mandatory mediation and arbitration: Any dispute arising from the property, construction, or warranties must first go to mediation, and if unresolved, to binding arbitration under the Federal Arbitration Act. The owner cannot initially be required to pay arbitration costs exceeding what would be spent in court.
• Waiver of jury trial: If arbitration is found unenforceable, both parties waive the right to a jury trial and agree that disputes will be decided by a court in the county where the property is located.
• Limited warranty & waiver of implied warranties: The builder gives only the express limited warranty from StrucSure Home Warranty. All implied warranties (including good and workmanlike construction) are disclaimed to the fullest extent allowed by law.
• Builder's repurchase option: During the first five years, if the cost to repair construction defects exceeds 30% of the home's fair market value at the time, the builder can elect to repurchase the property, reimbursing the owner the purchase price, closing costs, permanent improvements, moving expenses, and reasonable attorney/inspection fees.
• Mold disclaimer & maintenance recommendations: The builder disclaims any warranty regarding mold. The owner is responsible for maintenance steps to prevent mold, including regular cleaning, humidity control, prompt leak repair, and cleaning affected areas.
• Insurance and subrogation waiver: The owner must maintain property insurance. Both parties waive subrogation rights against each other for insured losses. If the owner receives payment from a third party for a dispute, the owner must indemnify the builder against related claims.
• Drainage and grading responsibility: The property has been graded per an approved plan. Any future changes by the owner (e.g., pools, fences, landscaping) that disrupt drainage are solely the owner's responsibility, and the owner releases the builder from related liability.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.