Fairway Estates (TX)

What Fairway Estates (TX)'s governing documents say

This is an ancillary restrictive covenant and agreement for a single lot (Lot 11, Block C, Fairway Estates, Denton County, Texas), not a full community rulebook. It was signed by the original owners and the builder, and it binds future owners because it runs with the land. It mainly governs construction disputes, warranties, and mold maintenance between the owner and the builder.

• What this document covers: This is a builder-owner agreement filed on the property, not a general HOA ruleset. It sets out mandatory mediation and binding arbitration for any dispute between the owner and builder related to the property, construction, warranties, or personal injury/property damage on the property or in the subdivision.
• Dispute resolution: mediation & arbitration: All disputes must first go to mediation, then to binding arbitration under the Federal Arbitration Act. The owner doesn't initially have to pay arbitration costs above what court filing would cost, and the arbitrator can award costs and attorney's fees to the prevailing party.
• Warranty & construction defects: The only express warranty is the builder's written limited home warranty. The owner waives any implied warranty of good and workmanlike construction. Claims about construction defects are governed by the Texas Residential Construction Liability Act (RCLA), and a warranty request is not the same as a formal RCLA defect notice.
• Builder's repurchase right: If the reasonable cost to repair a construction defect the builder is responsible for exceeds 30% of the fair market value of the improvements (excluding the defect), the builder may elect to repurchase the property under Texas Property Code Section 27.0042. This right survives the sale and binds future owners.
• Appliance warranties: Manufacturer warranties on equipment like air conditioners, water heaters, refrigerators, and dishwashers are assigned to the owner. The builder gives no warranty on those items and disclaims implied warranties of merchantability and fitness.
• Mold prevention & maintenance: The owner is responsible for maintenance to prevent mold. The document lists steps like controlling humidity, cleaning, fixing leaks, and cleaning mold with bleach. The builder makes no warranty about mold or biological impurities.
• What this document doesn't cover: This document is only a restrictive covenant between the original owner and builder. It does not contain community-wide rules about pets, rentals, assessments, architectural review, parking, or other typical HOA topics. Those would be in a separate declaration or bylaws if they exist.

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.