Devonshire 13A

What Devonshire 13A's governing documents say

This document is a lot-specific Declaration of Restrictive Covenants recorded for a single-family home at 2318 Kirkstall Way in the Devonshire Section 13A subdivision — it is not a full HOA rulebook. It binds the original buyer and all future owners of this particular property to mandatory dispute resolution (mediation/arbitration) and waives jury trials. These covenants run with the land for 15 years from the closing date.

• Dispute resolution: Mediation & Arbitration: Any dispute with the builder (Seller) must first go to mediation; if unresolved, it must be submitted to binding arbitration under the Federal Arbitration Act. You waive your right to sue in court or have a jury trial. Arbitration fees for a single arbitrator are capped at $750 for the owner (or less under AAA's Home Construction Rules).
• Waiver of jury trial: If mandatory arbitration is not enforced, all disputes must be heard by a judge alone — you knowingly waive any right to a jury trial.
• Limitation of remedies & damages: Any claim against the builder must be brought within 2 years of closing. You waive indirect, consequential, punitive, and mental anguish damages. Specific performance is not available to you (the buyer). The builder's liability is limited to the purchase price or as allowed by Texas law.
• Builder's rescission & repurchase options: After a dispute arises, the builder can unilaterally elect to rescind the sale (refund purchase price plus some expenses) or, under Texas Property Code Chapter 27, repurchase the home if repair costs exceed 5% of fair market value. You must then convey the property back free of liens.
• Term of covenants: These restrictive covenants expire 15 years after the closing date, except that arbitration proceedings already in progress continue until a final award.
• What this document doesn't cover: This document does not contain any HOA rules, assessments, pet limits, rental restrictions, architectural guidelines, or descriptions of common areas. It only governs the legal relationship between the homeowner and the builder regarding dispute resolution and remedies.

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.