Legal Question in Real Estate Law in Pennsylvania
Can not put up a fence...but no Homeowners Assoc.
I recently purchased a house in a sub-division that was constructed five years ago. When the sub-division was constructed, the builder issued a set of rules or restrictions to the sub-division. One of them was not allowing the homeowners to plant a fence in their yard. I am now the second owner of this home and was wondering if these rules and regulations still apply to me.
Some history: After 2/3 of the plots were sold by the builder five years ago, the homeowners association was turned over to the homeowners and the homeowners first line of action was to disband the HOA :-). I called the builder recently to see if I could put up a fence and they said that I could not, and that they ''police'' the neighborhoods and, I suppose, could sue anyone who breaks the rules. However, I don't see how they can do this legally since I OWN the property and that there is no HOA.
Moreover, to top it off, when the subdivision was built, the builder installed a 10' privacy fence in my (and my adjacent neighbor's) back yard running along the rear property line. Why can the builder construct a fence in my yard, yet not allow me to construct one?
Any help would be greatly appreciated. I can provide more details if needed. Thank you!
1 Answer from Attorneys
Re: Can not put up a fence...but no Homeowners Assoc.
It is impossible to advise you without a complete review of all the original documentation filed by the Builder. I suggest you obtain legal counsel to review the documentation to determine your rights. Most limitations of the nature you speak have a time limitation fixed at the time the documents were originally prepared,For example, the limitation may last only five years. Gerald Hershenson 215-579-9390
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