Deveonshire Village 4C

What Deveonshire Village 4C's governing documents say

This is a Declaration of Restrictive Covenants for a single residential lot (2142 Winsbury Way, Forney, TX) recorded by builder Perry Homes and the original purchasers. It is not a full homeowner association rulebook; it imposes specific covenants about dispute resolution and remedies that bind the property’s current and future owners. Its primary effect is to require mediation and binding arbitration for most disputes with the builder, waive jury trials, cap the time to sue at two years, and give the builder special remedies (rescission or repurchase). The covenants expire 15 years after closing.

• Dispute resolution: mediation & arbitration: Any dispute involving the property, the contract, construction, or the builder (including future owners and occupants) must first go to mediation. If not resolved, it must be submitted to binding arbitration (not court) under the Federal Arbitration Act. The buyer’s arbitration filing fee is capped at the lesser of $375 or the amount under AAA's Home Construction Rules; the builder pays the rest.
• Waiver of jury trial: If arbitration is not enforced, the parties waive their right to a jury trial in any legal proceeding related to the property or contract. The case will be decided by a judge. Class action or representative proceedings are also waived.
• Time limit for claims: Any action or claim related to the property or contract must be brought within two years of the closing date (presumed accrual date). This overrides any longer statutory limitations periods.
• Builder’s special remedies: In a dispute, the builder may elect rescission (re-purchase the property and refund the original purchase price plus improvement expenses, within 60 days) or, if repair costs exceed 20% of fair market value, repurchase under Texas Property Code §27.0042. The buyer cannot use rescission as a remedy.
• Covenant term: The restrictive covenants last 15 years from the closing date (June 14, 2019), unless automatically extended by ongoing arbitration or legal proceedings. After that, the declaration expires.
• What this document doesn't cover: This document does not establish an HOA, common areas, assessments, architectural standards, pet restrictions, leasing rules, or any community-wide amenities. It applies only to this specific lot and focuses on the relationship between the buyer and the builder.

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.