An HOA blocks a development site in Spring Garden Township, escalating a dispute over an apartment complex in the gated community. The conflict involves legal appeals, zoning violations, and allegations of architectural review violations.
HOA Blocks Development Site Over Zoning Dispute
Regents Glen Community Association installed a chain-link fence around land owned by a developer building a 21-unit apartment complex. Board members claim the fence prevents unauthorized construction and enforces community rules.
Residents argue the project will increase traffic and create safety concerns along the community’s golf cart path. They also claim the developer failed to obtain architectural approval from the HOA.
The developer, Inch & Co., sued five HOA board members, alleging abuse of process. The company insists it followed all zoning laws and had township approval to build apartments.
Township Issues Violation Notice
Spring Garden Township officials cited the HOA for a possible zoning violation related to the fence installation. However, the township has not released full details, stating that the issue is under investigation.
Township supervisors had previously approved the development, arguing that zoning laws allow apartment buildings in the area. They also stated that unless the HOA proves otherwise in court, the apartments are legally permitted.
HOA Cites Documents to Support Case
HOA board members believe a 2001 document recorded in the York County Recorder of Deeds office supports their case. The document outlines restrictions for the planned community but does not explicitly prohibit apartments.
The HOA argues that the document binds property owners to specific community guidelines they claim the developer has not followed. The board also suggests the project requires a separate homeowners’ association.
Developer Defends Project
The developer claims that rental units are in high demand, making apartments a more viable option than condominiums. He also questioned whether past projects in Regents Glen underwent the same architectural review process.
Community board members maintain that the dispute concerns not rental apartments versus condos but ensuring developers follow the community’s original plans.
The case remains unresolved as state appellate judges review the HOA’s legal challenge. Meanwhile, construction continues despite the ongoing legal battle.
