Fossil Park Estates

What Fossil Park Estates's governing documents say

This document is an individual lot covenant recorded for a single-family home in the Fossil Park Estates subdivision (Blue Mound, TX). It is not a community-wide HOA rulebook but a binding agreement between the original builder (MHI Partnership) and the lot owner (and all future owners) that primarily imposes mandatory arbitration and a jury trial waiver for any disputes arising from the construction, sale, or repair of the home. It does not create any typical HOA restrictions like use, pets, or architectural controls.

• Dispute resolution: mandatory arbitration: Any claim or controversy arising out of the home purchase, construction, or repair must be settled by binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association using its Construction Industry Arbitration Rules. The arbitration is to be held in the federal judicial district where the property is located.
• Term of the covenant: The covenant runs for 15 years from the closing date, after which it automatically expires except for any arbitration or legal proceedings already in progress. However, if the Declarant, Seller, or an affiliate still holds title, the covenant automatically terminates immediately.
• Binding effect on future owners: The covenants 'run with the land' and bind all future owners and occupiers of the property. Anyone accepting a deed or occupying the property is deemed to have agreed to the arbitration and jury waiver terms.
• Waiver of jury trial: Both parties irrevocably waive any right to a jury trial in any legal proceeding related to the contract, sale, or construction of the home. If a court action is brought in violation of the arbitration agreement, the non-breaching party may recover costs and attorney's fees incurred to compel arbitration.
• Attorney's fees and costs: If the Seller (or Declarant) is a prevailing party in any legal or arbitration proceeding, the Holder (owner) must reimburse all costs, investigative costs, expert fees, reasonable attorney's fees, and related expenses. Seller is considered prevailing if it successfully prosecutes or defends a claim.
• Joinder of third parties: The Seller may join subcontractors, suppliers, engineers, and other third parties in the arbitration proceeding if they are involved in the claims or needed for complete relief.
• What this document does NOT cover: This document does not impose any use restrictions (e.g., no pets, no fences), architectural review requirements, parking rules, or rental limitations. It is solely focused on dispute resolution procedures and does not create a homeowners' association or common property.

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.