Heartland Addn 7 9B

What Heartland Addn 7 9B's governing documents say

This document is a Restrictive Covenant and Agreement for a new residence construction contract between the owner and builder for property at 3211 Manzanilla Lane in the Heartland Addition. It is not a full community rulebook; it primarily governs dispute resolution (mandatory arbitration), warranty limitations, mold release, and subrogation waivers. This document runs with the land.

• Dispute resolution (arbitration): All disputes must first go to mediation, then binding arbitration under the Federal Arbitration Act, not court. The arbitrator decides arbitrability; costs are capped for the owner.
• Construction defects and warranty: The Residential Construction Liability Act (RCLA) applies. If repair costs exceed 20% of fair market value, builder may repurchase the property. All implied warranties are disclaimed; only the express limited warranty applies.
• Mold and biological impurities: Owner releases builder from all claims related to mold or biological impurities. Owner is responsible for maintenance steps (e.g., humidity control, leak inspection).
• Subrogation waiver: Owner must obtain waivers of subrogation from insurers and cannot assign rights to insurers or third parties for claims against builder.
• Binding on successors: This agreement runs with the land and binds all future owners and assigns.
• What this document doesn't cover: This document does not contain typical HOA rules such as pet limits, parking restrictions, leasing limits, architectural guidelines, or common area maintenance. It focuses solely on the builder-owner construction contract relationship.

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.