Building Lot Purchase Question
Location: PA, USA
In laws purchased last available building lot in neighborhood with intent to move closer and build a small 1650 sq ft house on a slab foundation and have small to no yard.
Last remaining lot they purchased has wetlands area that make approximately half the lot not buildable.
Wetland and engineer study completed prior to purchase and determined a small house footprint could work on the buildable area. They couldn’t give an exact footprint size estimate.
Development has protective covenants that include minimum 2000 sq ft houses, no sheds, no farm animals, no outdoor RV storage, no detached garages, side load garages only, etc.
Developer is refusing to sign off on her 1650 sq foot house because of the protective covenants sq footage requirement. An article in the covenants gives him power to grant an exception.
The only way he would approve it is if my in-laws agreed to pay legal fees for him if anyone potentially contests the build.
There are a slew of houses that are recently constructed that have detached garages, outdoor RV storage, sheds and chickens. It is my understanding that no one has been granted exceptions for these violations by the developer.
Do my in-laws have any recourse to force developer to approve the sq footage because of the other multiple violations of covenants found within the community?
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