A California common interest development's CC&Rs limit all units to single-family residential use. The city's zoning ordinance for the same area permits both residential and commercial uses. A unit owner wants to operate a retail business from the property. Which restriction governs?
Correct Answer
D) The CC&R, because private restrictions in a common interest development may impose limitations beyond what zoning requires
Under California Civil Code §4000 et seq. (the Davis-Stirling Common Interest Development Act), CC&Rs in a common interest development are enforceable as equitable servitudes binding on all owners. A foundational principle of California property law is that private restrictions may be more restrictive than government zoning, but may not authorize uses that zoning prohibits. Here, the CC&R limits use to single-family residential, which is a subset of what zoning allows. The more restrictive private restriction controls, and the owner cannot operate a retail business regardless of what zoning permits.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
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