Pearson Farms Ph 1A

What Pearson Farms Ph 1A's governing documents say

Pearson Farms Ph 1A Addn is a single-family subdivision in Frisco, TX. The documents below are not the community's main rulebook (CC&Rs) but rather individual 'Restrictive Covenant and Agreement' records between each homeowner and the builder (Shaddock Homes). They run with the land and primarily govern dispute resolution, warranties, and construction defect claims. They do not contain typical HOA rules about pets, parking, leasing, or architectural standards.

• Dispute resolution: mandatory mediation & arbitration: Any dispute between owner and builder (including contract, warranty, tort, personal injury, or property damage) must first go to mediation, and if not resolved, to binding arbitration under the Federal Arbitration Act. Court litigation is prohibited; filing in court waives nothing but may trigger cost reimbursement. The arbitrator decides arbitrability.
• Waiver of implied warranties: Owner waives all implied warranties (e.g., good and workmanlike construction, habitability) to the extent permitted by Texas law. The only warranties that survive are the TRCC Limited Statutory Warranty and any express limited warranty from a third-party warranty company, copies of which must be passed to future buyers.
• Builder's repurchase option for major defects: If the reasonable 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 27.0042. This right binds future owners.
• Binding effect on future owners: The agreement 'shall run with the land' and is binding on the owner's heirs, executors, successors, and assigns. Any subsequent purchaser of the property must comply with these terms.
• What this document doesn't cover: This is not the full set of community restrictions. It does not address HOA fees, architectural review, pets, leasing, parking, maintenance responsibilities, or other typical neighborhood rules. Those would be found in a separate Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for Pearson Farms.

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.