Durham Farms Homeowners' Association

What Durham Farms Homeowners' Association's governing documents say

The documents provided are individual 'Restrictive Covenant and Agreement' contracts (a builder's form) between the homeowner and Bloomfield Homes, L.P., not the Durham Farms HOA's governing documents (CC&Rs). They run with the land but address construction defects, arbitration, warranty disclaimers, and mold liability — not community rules. Homeowners, buyers, and renters seeking HOA rules (pets, leasing, assessments, architectural review) must obtain the actual Declaration of Covenants, Conditions, and Restrictions for Durham Farms.

• Construction defect dispute resolution: Any dispute about construction, the property, or dealings with builder must first go to mediation, then binding arbitration under the Federal Arbitration Act, not court. The arbitrator decides arbitrability. Owner cannot be charged unreasonable arbitration costs.
• Limited warranty & implied warranty waiver: Builder gives only an express written Limited Warranty, which replaces any implied warranty of good and workmanlike construction (to the extent it exists in Texas). Owner acknowledges receiving and reviewing the Limited Warranty and agrees to pass it to future buyers.
• Builder's right to repurchase for major defects: If the reasonable cost to repair a construction defect exceeds 20% of the improvements' fair market value (without the defect), builder may elect to repurchase the property per Texas Property Code Section 27.004.
• Mold & biological impurities disclaimer: Builder provides mold prevention tips but disclaims all liability for mold, chemicals, or biological impurities. Owner releases builder (including for negligence) from any claims related to such impurities and must obtain waivers of subrogation from insurers.
• This document does not cover HOA rules: These agreements do not contain any HOA regulations on topics like leasing (minimum terms, rental caps), pets, parking, architectural review, assessments, or common area use. Homeowners, buyers, and renters must obtain the Durham Farms HOA's Declaration of Covenants, Conditions, and Restrictions for those 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.