Phillips Creek Ranch

What Phillips Creek Ranch's governing documents say

This is an ancillary builder's declaration (not a full HOA rulebook) filed for individual lots in the Phillips Creek Ranch subdivision, a single-family home community near Austin, TX. It binds only the original purchaser and future owners of those specific lots to arbitration, mediation, and other legal terms with the builder (Perry Homes). The document does not list typical community rules like pets, parking, or landscaping.

• Mandatory arbitration & mediation: Any dispute with the builder must first go through mediation (fees split equally), then binding arbitration under the AAA's Home Construction Rules. Purchaser pays up to $375 to initiate arbitration; total fees for a single arbitrator capped at $750 for purchaser. If a party files a lawsuit instead, they must reimburse the other side's costs to enforce arbitration.
• Waiver of jury trial: If arbitration is not enforced, both parties waive their right to a jury trial and agree to have any dispute heard by a court (judge only) in the county where the property is located. The builder likewise waives its jury-trial right.
• Limitation on claims & damages: Any claim related to the purchase or property must be brought within 2 years of closing (presumed accrual date). Damages are limited to those allowed under the Texas Residential Construction Liability Act; no special, indirect, or consequential damages (including lost profits, mental anguish) are recoverable.
• Seller's rescission option: After a dispute, the builder can choose to rescind the sale—refund the purchase price, reimburse certain improvements, and pay moving costs—extinguishing all other claims. Only the builder can elect this remedy.
• Seller's repurchase option: If repair costs for builder-responsible defects exceed 20% of the home's fair market value, the builder can repurchase the property at the original price, plus pay certain fees and costs under Texas law.
• Attorneys' fees & costs: The prevailing party in any dispute is entitled to recover reasonable attorneys' fees, expert witness fees, mediation/arbitration costs, and court costs, but only if the claimant recovers all relief sought.
• What this document doesn't cover: This declaration does not contain rules about pets, parking, architectural changes, leasing, assessments, or community amenities—those topics would be in a separate HOA declaration or community-wide covenants. This document only governs legal procedures between the builder and the lot owner.

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.