Ventana Homeowners

What Ventana Homeowners's governing documents say

This is a Declaration of Restrictive Covenants recorded for a specific lot in the Ventana community (Benbrook, TX), binding the lot's original and future owners. It primarily governs dispute resolution between the buyer and builder (Perry Homes) and limits legal remedies. This is not a full community-wide HOA rulebook; a separate association declaration likely governs typical neighborhood restrictions.

• Term of covenants: The covenants last 15 years from the closing date (e.g., 2020), then automatically expire except for ongoing arbitration or legal proceedings.
• Dispute resolution (mediation & arbitration): Any dispute with the seller must first go to mediation. If not resolved, it goes to mandatory binding arbitration (not court) under the Federal Arbitration Act. The homeowner’s filing fee is capped at the lesser of $375 or the AAA Home Construction Rules fee, and total single-arbitrator costs are capped at $750 (seller pays the rest). A panel of 3 arbitrators may be requested at the requesting party’s cost.
• Waiver of jury trial: If arbitration is not enforced, both parties waive any right to a jury trial; any court case will be decided by a judge alone. This waiver binds all future owners and occupants.
• Limitation on claims: Any lawsuit or claim related to the property, contract, or improvements must be brought within 2 years of the closing date (presumed accrual date). Damages are limited to those under the Texas Residential Construction Liability Act; no consequential or mental anguish damages.
• Seller’s remedies (rescission & repurchase): The seller (Perry Homes) can choose to rescind the sale and buy back the property at the original purchase price, plus reimbursements, if a dispute arises. Alternatively, if repair costs exceed 20% of fair market value, seller may repurchase under Texas Property Code §27.0042. These options are only available to the seller, not the homeowner.
• Attorneys’ fees: The prevailing party in any proceeding (mediation, arbitration, or court) can recover reasonable attorneys’ fees, costs, and expert witness fees from the losing party. A party only 'prevails' if they recover all relief sought.
• What this document doesn’t cover: This declaration does not address typical HOA rules like pet limits, architectural controls, parking, landscaping, maintenance obligations, or assessments. Those would be in separate community-wide governing documents for the Ventana subdivision.

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.