Covenants and Restrictions

In the State of Pennsylvania, I can't get an answer from any Attorneys on Covenants, conditions, and restrictions.
I have land that had covenants on them from the beginning to last for 35 years. These went in different stages.
Plan a started in the 1960s and the others followed.(plan b through plan g). Some of the residents started a Land Owners Association in 1990. In the year 2000, the 8 board of directors at the time voted to extend the Covenants and Restrictions 100 years in addition to the 35 year term for plans a,b,c,d,e,f,and g. The land owners didn't really have a say. Can they do this?

The way it is set up is one residential property per lot but needs to have water and sewer connections to build. The original covenant said water and sewer would be in front of all the lots in that plan by 1973. They went under and none of the lots in plans a,b,and c have hookups and can't be built on. The current zoning in the county is land. The first stage was built in 1965 with the covenants and restrictions applying to all lots in plan a except one that they left out to build a hotel. The covenant extension was not recorded until
October 6 2000. Plan a expired January 15, 2000.
Most of plans a,b,c,d,f and g can't be built on. I would say that about 70 of the 1000 lots have a connection available.
The association is Incorporated but hasn't filed for a couple years last I checked.
The plat for plan a was filed with the CC&R's and the same filed with the additional plans.

It doesn't mention anything about amendments. It just says it shall bind all purchases in the plan, heirs, executors, and assigns for a period of 35 years from the date of these presents.
It also has a right of refusal of sale by grantor.

Most of the ones I've talked to say it's not a big enough case or to far for them to travel. The one local owns the one 10 acre lot that was not zoned and has conflict. Most others don't seem to know what the law truly is.

IMO (the key being opinion):

If the original docs did not have specific method to amend and/or specific method to renew they have expired and are no longer in effect.

You need to petition for a 'quiet title'.

If, however, anything was filed/recorded (properly or improperly) you will have an EXPENSIVE mess on your hands.

Personally, I would have a 'title search' performed NOW so you KNOW what is on file.

Proceed from there.

The only thing filed was 8 people extended it 100 years. We have about 930 lots that can't be built on and have set empty since the 70's.

'usually' the BOD does NOT have authority to extend covenants

'usually' any extension would have to be ratified by a membership vote at a member's meeting

as I said above:

if anything has been filed/recorded you have a real mess on your hands

therefor:

either

sell and move along

or

have a title search done so you have EXACTLY what was ACTUALLY recorded
and can try to see if the 'recordings' are valid based upon the original and any subsequent documents - at least you will have the accurate 'leg work' for the attorney(s)

YOU MUST HAVE, STUDY, AND UNDERSTAND ALL THE ACTUAL RECORDED DOCUMENTS IN CHRONOLOGICAL ORDER BEFORE YOU EVEN CONSIDER FURTHER ACTION

you can get these, we can not

BEST OF LUCK

The entire development has about 1000 lots in it. There are only about 70 lots that are developed with houses. The remaining lots just sit there. They can't be built on. The first lots listed plan a expired. Each plan had a separate set of covenants. They all say the same but different years. Some pay the fees but most don't. They took me to magistrate court for mine and the Judge said I had to pay. I didn't have any defense. Only 2 people out of 400 lots had to go to court from plans a,b,and c.

Appeal or Comply

? what are you seeking on the forum ?

I am trying to appeal but can't find an Attorney who will take a smaller case.