Devonshire Village 10B

What Devonshire Village 10B's governing documents say

This is a 'Restrictive Covenant and Agreement' — a contract between the original owner (lot buyer) and the builder (Bloomfield Homes) for a new residence in Devonshire Village 10B, a single-family subdivision in Forney, TX. It is NOT the full HOA governing document; it primarily addresses dispute resolution, warranty limitations, and construction standards. This agreement runs with the land and binds the original owner and their successors.

• Dispute resolution (mandatory arbitration): Any dispute arising from the construction, warranty, or this agreement must first go to mediation, and if unresolved, to binding arbitration under the Federal Arbitration Act. The arbitrator decides arbitrability, and the prevailing party may recover costs and attorney's fees. Filing a lawsuit does not waive the right to arbitrate.
• Limited warranty & waiver of implied warranties: The only express warranty from the builder is the written Limited Warranty provided. By signing, the owner waives any implied warranty of good and workmanlike construction. The Limited Warranty replaces any such implied warranty to the extent it exists in Texas.
• Mold disclaimer: The builder disclaims all liability for mold, mildew, or other biological impurities. The owner is responsible for maintenance to prevent mold, and releases the builder from any claims related to mold, including personal injury or property damage.
• Builder's right to repurchase: If the cost to repair a construction defect exceeds 20% of the then-current fair market value of the improvements (excluding the defect), the builder may elect to repurchase the property under Texas Property Code Section 27.004.
• Waiver of subrogation: The owner and builder agree that their insurance carriers shall have no right of subrogation against the other party. The owner will request its insurer to include a waiver of subrogation in its policy.
• What this document doesn't cover: This document is NOT the community's CC&Rs or HOA rules. It does not cover HOA fees, architectural controls, pet restrictions, rental limits, parking rules, or any other typical HOA regulations. Those would be found in separate recorded documents for Devonshire Village 10B.

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.