Wellington Trace Homeowners Association, Inc.

What Wellington Trace Homeowners Association, Inc.'s governing documents say

This is a Restrictive Covenant and Agreement for a single-family lot at 9409 Wellington Drive in the Wellington Trace subdivision (Little Elm, TX). It is an ancillary document that runs with the land and primarily governs the relationship between the original owner and builder (Bloomfield Homes) regarding construction warranties, dispute resolution, and liability. It does NOT contain the community's full HOA rules or governing documents.

• Dispute resolution (mediation/arbitration): All disputes related to the property or construction must first go to mediation, and if unresolved, to binding arbitration under the Federal Arbitration Act. The owner cannot initially be required to pay arbitration costs exceeding typical court filing fees. Filing suit does not waive arbitration rights; violating this by suing may require you to reimburse the other party's costs and attorneys' fees.
• Warranty & construction standards: The only express warranty is the builder's Limited Warranty, which replaces any implied warranty of good and workmanlike construction. You acknowledge receiving and reviewing the Limited Warranty. If repair costs exceed 20% of the fair market value of the improvements, the builder can elect to repurchase the property under Texas Property Code §27.004.
• Mold & biological impurities: You release the builder from all claims related to mold, mildew, fungi, or biological impurities, including personal injury or property damage. You are responsible for maintenance to reduce mold risk (e.g., cleaning, humidity control, leak repair). The builder disclaims all warranties regarding mold.
• Subrogation & insurance: Both owner and builder waive their insurers' rights of subrogation against the other party. You must maintain property insurance and request your insurer to include a waiver of subrogation clause.
• Grading & drainage: Final grading was completed to meet the subdivision grading plat. Any alterations after closing (landscaping, patios, pools, etc.) are your responsibility; the builder is not liable for drainage issues caused by changes.
• What this document doesn't cover: This document does not contain any of the community's HOA rules, such as pet limits, leasing restrictions, architectural guidelines, or assessment amounts. Those would be found in the subdivision's Declaration of Covenants, Conditions, and Restrictions (CC&Rs) or similar governing documents.

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.