Georgetown at Kings Fort 2A

What Georgetown at Kings Fort 2A's governing documents say

Georgetown at Kings Fort 2A is a single-family home subdivision in Kaufman, TX. The attached documents are not the community's full governing documents—they are individual 'Restrictive Covenant and Agreement' contracts between a homeowner and builder Bloomfield Homes, filed as part of new home construction. They run with the land and primarily address construction warranties, dispute resolution, and liability for mold, but do not contain typical HOA rules such as architectural controls, assessments, or common area use. These bind the specific lot owner and builder, not the entire community.

• Dispute resolution (mandatory mediation & arbitration): Any dispute between owner and builder—whether contract, warranty, tort, or statutory—must first go to mediation, then to binding arbitration under the Federal Arbitration Act. Court litigation is barred; seeking arbitration does not waive the right to enforce it. The arbitration must be in the county where the property is located.
• Limited warranty & waiver of implied warranties: The only express warranty given by builder is a written limited home warranty. Owner acknowledges they are waiving any implied warranties (e.g., good workmanship, habitability, merchantability) to the fullest extent allowed by law. Builder disclaims all implied warranties. The terms of the limited warranty set the sole construction standards the builder must meet.
• Mold disclaimer & release of liability: Builder provides mold-prevention guidance (e.g., checking for leaks, ventilating) but disclaims all responsibility for mold, chemicals, or biological impurities. Owner releases builder from any claims—including personal injury, property damage, or loss of value—related to mold or biological impurities, even if caused by negligence. Owner must not assign any such claims to insurers.
• Waiver of subrogation: Owner must obtain property insurance and ensure the policy includes a waiver of subrogation against builder and its insurers. Neither party's insurance carrier may pursue subrogation against the other. Failure to include the waiver does not affect the paragraph's enforceability.
• Document runs with the land: This agreement is binding on all future owners, heirs, executors, and assigns. It must be delivered to any subsequent purchaser of the property, along with the limited warranty.
• What this document doesn't cover: This is a builder-specific covenant, not the community's full set of rules. It does not address typical HOA topics like assessments, parking, pets, architectural review, common area maintenance, or rental restrictions. Those would be found in separate subdivision CC&Rs or a homeowners association declaration.

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.