Subdivision Covenants

Of the 200+ subdivisions located within the boundaries of the Meadow Lakes Community Council, identified on the Borough Tax Rolls, there are as little as 2 percent (approximately 5), that have active homeowner's associations. Active Homeowner Associations can oversee that convenants are enforced. Unfortunately, a lot of landowners seem to believe that when purchasing their property that the covenants associated with their land will be enforced by the Borough. Here are some facts to mull over:

Subdivision covenants are private restrictions on the use of land and are basically private agreements or contracts. They are usually recorded either on a deed, subdivision plat or as an addendum to a subdivision plat.

Covenants are legally binding upon all property owners referenced on the deed or subdivision plat, including subsequent owners, as established on the deed or plat.

Only the parties subject to the covenants may enforce them. The Borough cannot enforce private covenants since they are private agreements or contracts and the Borough is not a party to the covenant.

In order to enforce covenants, affected persons or an active Homeowner Association will need to file a civil action. A lawyer will need to be contacted to assist with the filing.

Topping that off, when an owner of property within a subdivsion files a Mandatory Land Use Permit, the Borough does not check to see if the application goes against the covenents. In other words, should the person who has an empty lot next to you; which is identified within the covenants to be single-family only, decides he wants to build an 4 plex or 6 plex or just about anything other than a single family home there, he can and probably will, if he has completed the paperwork required by the Borough to their satisfaction. As a neighbor, you will not be contacted. Your first indication will more than likely be when construction begins. Your only recourse as an owner or Homeowner's Association will be to hire an attorney and file suit against the other party.

Still think that you are protected?