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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 113509
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I just bought a house about 6 months ago in big bass lake

Customer Question

i just bought a house about 6 months ago in big bass lake community and we got permission to pull out 22 trees with a permit and now they are telling me i need a plot plan to fill in the holes for 4 months arguing with them on this and now they are telling me that i would have to install a culvert and that is part of their community expenses. how can i get this straightened out
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The PA laws leave these common ownership communities to their own bylaws, so you are going to have to go by their declarations (covenants and bylaws) to determine what they can mandate of you and what they cannot mandate. If there is nothing in the bylaws saying they can mandate you submitting a plan to fill in holes, since you are filling in areas where trees were located, then they cannot force you to do so and if they do force you then you have a basis to sue in court for what is called a declaratory judgment to get the court to order them to cease forcing you to submit a plan that is not required. You start this by reviewing the bylaws and covenants then filing a written appeal to the community board, if they deny you, then you will have to file a declaratory judgment petition in court getting the court to decide if they have the right to force you to do either of these things.

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