Garden Heights

What Garden Heights's governing documents say

These documents are individual 'Restrictive Covenant and Agreement' forms between a home builder (Bloomfield Homes) and each original buyer for specific lots in the Garden Heights subdivision (Pantego, TX). They are NOT the community's full governing documents (CC&Rs). Instead, they are ancillary, lot-specific covenants that run with the land, primarily limiting the builder's warranty to a written limited warranty, requiring binding arbitration for disputes, and releasing the builder from mold-related claims. They contain no HOA rules about pets, leasing, parking, or other community standards.

• Builder warranty & waivers: The only express warranty is the builder's written Limited Warranty. Any implied warranties (e.g., good and workmanlike construction) are expressly disclaimed and replaced. Manufacturer warranties on appliances/equipment are assigned to the owner, and the builder makes no warranty on those items.
• Dispute resolution (mandatory arbitration): Any dispute between owner and builder (including construction defects, representations, or personal injury) must first go to mediation, and if unresolved, to binding arbitration under the Federal Arbitration Act. The owner is not initially required to pay arbitration costs exceeding court filing fees.
• Mold disclaimer & release: The builder disclaims liability for mold, mildew, or biological impurities. The owner releases the builder from all claims related to mold (including personal injury) and agrees to obtain waivers of subrogation from their insurance carrier. The builder provides maintenance tips for mold prevention.
• Builder's right to repurchase: If the reasonable cost to repair a construction defect exceeds 20% of the property's fair market value (excluding the defect), the builder may elect to repurchase the property under Texas Property Code Section 27.004.
• Covenant runs with the land: The agreement is recorded and 'runs with the land,' meaning it binds all future owners, not just the original buyer.
• What this document doesn't cover: These documents contain no rules about common areas, assessments, architectural review, pet restrictions, leasing terms, parking, or any other typical HOA or condominium regulations. They are solely builder warranty and dispute resolution covenants. Separate CC&Rs or association documents for Garden Heights will contain any community-wide rules.

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.