Bandera Addition Homeowners

What Bandera Addition Homeowners's governing documents say

This document is an individual property agreement between an original homeowner and the builder (Mearstone Properties/McBee Homes) for a lot in La Bandera Phase III at Team Ranch, Benbrook, TX (part of the larger Bandera Addition). It is NOT a community-wide HOA or condominium ruleset. Instead, it imposes binding arbitration for construction disputes, disclaims most implied warranties (limiting them to 2 years), and releases the builder from mold-related claims. This covenant runs with the land, so future owners are bound by its terms.

• Dispute resolution (mandatory mediation & arbitration): Any dispute between the owner and builder (including warranty, tort, property damage, personal injury) must first go to mediation, then if unresolved, to binding arbitration under the Federal Arbitration Act. The arbitrator decides arbitrability; the owner is not required to pay unreasonable arbitrator fees.
• Warranty disclaimer & limitation: All implied warranties (habitability, workmanlike construction, fitness) are disclaimed. To the extent not allowed, they are limited to 2 years from the date the builder conveyed the property. Express warranties are only those in a separate Limited Warranty. Manufacturer warranties on appliances are assigned to the owner with no builder warranty.
• Mold & biological impurities release: The builder disclaims all liability for mold, mildew, fungus, and other biological impurities. The owner releases the builder from any present/future claims (including personal injury) and agrees to waive subrogation rights from insurers. The builder provides mold prevention maintenance tips but no warranty.
• Covenant runs with the land: This agreement is recorded and binds future owners, heirs, successors, and assigns. It applies to the property at the address listed (e.g., 5509 Pico Lane, Benbrook, TX).
• What this document doesn't cover: This is not a full set of community rules. It does not address typical HOA topics such as architectural controls, pet limits, rental restrictions, parking, common area maintenance, or assessments. Those would be in separate CC&Rs or HOA documents for the subdivision.

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.