Hello neighbors. As many of you are aware, our development came into existence in 2001. At that time, as part of the development process, restrictive covenants were put into place by the developer to set forth guidelines for construction and occupation of dwellings on the lots of Greenfield Estates.
The document, which contains the restrictive covenants in full, can be viewed at the following web address (this is also public record on the Westmoreland County Recorder of Deeds website):
These covenants have a 25-year duration, and at the end of that term (April 30, 2026), if no instrument (petition) is presented to the developer otherwise, they renew for 10 additional years.
This has been discussed on our community Facebook page, and there is interest among some owners to generate a petition to repeal the restrictive covenants. With that said, here are some common questions and answers as it pertains to letting the covenants renew versus petitioning to repeal them.
Q&A
Q: What happens if the covenants are repealed by petition?
A: The plan would remain under township residential zoning ordinances set forth by Unity Township (https://www.unitytownship.org/departments/zoning/). Repeal would release property owners from the restrictive regulations set forth in the restrictive covenants and protect property owners from potentially frivolous litigation.
Q: How many property owners need to sign the petition?
A: With 47 properties on the land, the petition would need 24 property owners (in the event that more than one person is on the deed of a property, each person that has a fractional interest has one vote, according to the covenant language of “all undivided or fractional interest for each building lot shall be treated as a single owner,” thus the number of total petitioners to repeal may be as high as 48 (assuming many homes have 2 owners on the deed).
Q: What happens if the required signatures are not gathered and the covenants remain in place?
A: All of the terms set forth in the covenants remain in place for an additional 10 years (until April 30, 2036). It should be noted that these are in addition to Unity Township Zoning regulations, as stated above. While the neighborhood does not have an HOA, property owners who have any property characteristics that do not conform exactly to the restrictive covenants are potentially exposed to litigation, damages and legal costs set forth by the courts. Special attention should be paid to the requirements for lighting, fencing, pavement of driveways and outbuilding structures when considering whether keeping the covenants in place would be of benefit to specific property owners.
Q: Why is this even being brought up at all?
A: As all of the lots are now built upon, there may be change in ownership of homes and/or property owners who are largely unaware of the existing restrictive covenants. Even if the covenants remain in place, it is beneficial if more property owners are aware of their existence and the requirements set forth within them should they be automatically extended for 10 additional years. Additionally, like homeowner’s associations, restrictive covenants have the potential to deter some buyers, while others may support them. This process at least allows the property owners to have a vote in the process.
Q: Can the covenants be amended or re-written?
A: This would likely require an attorney and investment of significant time and money, and given the amount of time available, our options are to sign the petition to remove the covenants or leave them in place.
Q: What do I do if I want to sign the petition to remove the covenants?
A: If you would like to sign the official petition, please return the last page of this document to the petition organizer (contact information below). The gathering of signatures will follow.
Q: What do I do if I want the covenants to remain in place?
A: Simply discard this document and do nothing. Should the majority of property owners not sign the petition, the covenants will automatically renew and nothing will change. Everyone should be aware of the language in the covenants and understand how they could potentially impact them as homeowners and in future transactions.
Q: What is the timeline for this?
A: If there is adequate support to repeal the covenants, we will collect signatures between June 1 and August 31, 2025. If there is not enough support for the petition by August 31, we will simply allow the covenants to auto-renew.
Thank you for your time and consideration, regardless of your position on the issue.