Residents in the Monte Vedra subdivision on Green Mountain seek to keep a developer from dividing lots and building homes that they say are in violation of the subdivision’s restrictive covenant.

They found out Tuesday night that the covenant – even if its restrictions are on the property’s deed – may not be enforceable by the city of Huntsville if the developer’s plan meets zoning ordinance requirements.

“We do not deal with restrictive private covenants,” assistant city attorney Claudia Anderson told the Huntsville Planning Commission. “That has been consistent over the years.”

Enforcement of the covenant could ultimately depend on the outcome of a civil suit on the matter in Madison County Circuit Court.

At issue is Diltina Development Corporation’s intention to divide a lot originally meant for one home into two lots on 1.93 acres in the third phase of the Monte Vedra subdivision, which adjacent homeowner John Dillon told the commission includes more than 75 homes.

The plans were initially approved through the city’s minor plat process which did not include coming before the full commission for approval. It is before the full commission because inadequate notification was given to landowners in the subdivision.