Devonshre Village 2D

What Devonshre Village 2D's governing documents say

This is a single-lot Declaration of Restrictive Covenants recorded for the property at 423 Darlington Lane (Lot 22, Block MM, Devonshre Village 2D, Kaufman County, TX). It is a contract between the builder/seller (Perry Homes) and the current owner, binding future owners. It does not establish a homeowners association or community-wide rules; it primarily governs legal dispute resolution (mandatory mediation and arbitration), warranty limitations, and seller remedies for construction-related disputes.

• Mandatory mediation and arbitration: All disputes between the owner and seller (including construction defects, contract issues, personal injury, etc.) must first go to mediation; if not settled, the dispute must be resolved by binding arbitration, not court. Arbitration is typically before a single arbitrator, but a panel of three may be requested. The owner's share of arbitration filing fees is capped at $375 (or $750 for the arbitrator's fee), and the seller pays the rest.
• Waiver of jury trial and class actions: The owner waives any right to a jury trial in any dispute with the seller. The owner also agrees not to consolidate their claims with others or participate in any class or representative proceeding.
• Two-year statute of limitations: Any action or claim arising from the property or the contract must be brought within two years from the date the cause of action accrues. The parties agree that the action accrues on the closing date unless proven otherwise, and they waive any longer limitations period.
• Limitation on damages: The seller is not liable for special, indirect, consequential, or punitive damages, including lost profits or mental anguish. Damages are limited to those allowed under the Texas Residential Construction Liability Act.
• Seller's rescission and repurchase options: If a dispute arises after closing, the seller may elect to rescind the sale (refund the purchase price, less liens, and take back the property) or repurchase the property under terms similar to Texas Property Code §27.004(g), as a remedy for construction defects. The owner waives the right to seek specific performance.
• Covenant period: The restrictions and obligations in this Declaration apply for a set period (the 'Covenant Period') starting on the closing date. After that period, the Declaration automatically expires, except for any ongoing arbitration or legal proceedings.
• What this document does not cover: This document does not create a homeowners association, impose community-wide rules (e.g., no pet restrictions, leasing limits, architectural controls, or common area maintenance). It does not address amenities, parking, or any other typical HOA covenants. It is limited to the legal relationship between the current and future owners of this single lot and the original seller/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.