Devonshire Addn

What Devonshire Addn's governing documents say

This document is a Restrictive Covenant and Agreement (New Residence Construction Contract) for specific lots in the Devonshire Addition subdivision in Forney, TX. It is not a full set of community rules — it binds the homeowner and builder regarding construction warranties, arbitration, grading, and mold prevention, and runs with the land. A homeowner, buyer, or resident should understand it as a supplemental agreement that governs the new home construction process and ongoing maintenance obligations.

• Construction defect resolution & arbitration: Any dispute related to construction, warranties, or the property must be resolved by binding arbitration, not court. The arbitration is governed by the Texas Residential Construction Liability Act (RCLA). The arbitrator may award costs and fees to the prevailing party.
• Builder's limited warranty & waiver of implied warranties: The builder provides an express written limited home warranty. By signing, the owner waives any claim based on implied warranties (such as the implied warranty of good and workmanlike construction), to the extent allowed by law. The owner must deliver a copy of the limited warranty to any subsequent purchaser.
• Mold prevention responsibilities: The owner is responsible for taking steps to reduce mold growth, including vacuuming, cleaning, controlling moisture, inspecting for leaks, and promptly drying wet materials. The builder disclaims liability for mold-related claims (e.g., allergic reactions, property damage) for a nominal payment of $50.
• Grading & drainage: The final grade of the lot is designed to meet engineered criteria on the subdivision grading plat. Installing barriers like landscaping, flower beds, pools, or retaining walls after closing may alter drainage patterns, and the builder is not responsible for conditions created after closing.
• Repurchase right for major defects: If the reasonable cost to repair a construction defect exceeds 20% of the property's current fair market value (as determined without the defect), the builder may elect to repurchase the property under Texas Property Code Section 27.004.
• What this document doesn't cover: This document does not contain typical community rules such as pet restrictions, parking, noise, architectural guidelines (except grading), leasing limits, or assessments. It is an individual lot agreement, not a master association declaration. For full community rules, consult the subdivision's recorded covenants, conditions, and restrictions (CC&Rs) or HOA documents.

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.