Heartland 14

What Heartland 14's governing documents say

These documents are Restrictive Covenants and Agreements recorded as part of new home purchase contracts between Bloomfield Homes and individual owners in the Heartland 14 Replat subdivision in Kaufman County, Texas. They are not a full HOA rulebook; they create binding rules that run with the land, primarily governing dispute resolution, warranty limitations, and liability disclaimers for the original owner and all future owners of the lot.

• Dispute resolution (mandatory mediation/arbitration): All disputes between owner and builder, including claims about construction defects, representations, or personal injury, must first go to mediation and then to binding arbitration under the Federal Arbitration Act. Arbitration costs for the owner are capped at what would be incurred in filing a lawsuit, and the arbitrator can award costs and fees to the prevailing party.
• Warranty limitations (waiver of implied warranties): The owner agrees that any and all implied warranties (e.g., good and workmanlike construction, habitability, fitness) are replaced by the builder's express written limited home warranty. The owner acknowledges receiving that warranty and must deliver it to any future purchaser.
• Mold disclaimer (waiver of claims): Builder disclaims any liability for mold, chemicals, or biological impurities. The owner releases the builder from all claims related to these, and the owner must take positive steps to prevent mold (e.g., controlling humidity, cleaning, inspecting). The owner also agrees not to assign any rights to an insurer and to obtain waivers of subrogation from their insurance carriers.
• Waiver of subrogation: The owner's insurance carrier waives any right of subrogation against the builder or other parties. The owner must request that their insurance policies include such a waiver; failure to do so does not affect this paragraph's enforceability.
• Construction defect claims (RCLA notice): The owner and builder acknowledge that any construction defect claims are subject to the Texas Residential Construction Liability Act (RCLA). The owner must separately send notice of any defect under RCLA.
• Drainage and grading: The builder is not responsible for changes to drainage patterns caused by the owner's landscaping, flower beds, patios, decks, pools, retaining walls, or other improvements installed after closing.
• What this document doesn't cover: This document does not set rules for typical HOA matters like pets, leasing, parking, architectural review of non-construction items, or common area maintenance. Those would be found in separate subdivision CC&Rs or HOA documents if they exist.

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.