Tessa buys a cabin in a subdivision where the recorded declaration prohibits rentals of fewer than 30 days. The county allows vacation rentals in that area, so she lists the cabin for weekend stays. After the first booking, the association demands that she stop. Which statement is most accurate?
Correct Answer
C) The association may still enforce the declaration because a lawful private restriction can be tighter than local zoning
A zoning ordinance tells owners what the government allows, but a recorded private restriction may still impose narrower limits on use. If the short-term rental ban is lawful and part of the governing declaration, the association may generally enforce it even though county zoning is more permissive.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
More Land Use Controls Regulations Questions
The 'innocent landowner' defense under CERCLA requires:
A buyer purchases a home in a subdivision whose CC&Rs, recorded in 1975, limit each lot to single-family residential use. The buyer begins operating an auto body repair business out of the garage, with customer vehicles parked on the lot and a spray booth in the driveway. The CC&Rs say nothing about home-based businesses. Can the HOA stop the business?
Permission to depart from a requirement of the zoning ordinance for a single parcel is obtained through a:
Zoning ordinance compliance is monitored through:
The main difference between private and public land controls is:
- → A government plan guiding long-term physical development is:
- → A developer plans to build a new condominium complex. The developer must create and record certain governing documents before selling any units. What document is the foundation of the condominium's governance structure?
- → A homeowner in an HOA community wants to install solar panels on her roof. The CC&Rs do not address solar panels. The HOA's architectural review board denies the request, citing aesthetic concerns. In many jurisdictions, how do solar access laws affect this dispute?
- → In a planned community, what is the primary role of the homeowners' association (HOA)?
- → What does the term 'covenants, conditions, and restrictions' (CC&Rs) refer to in real estate?
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- → What does it mean when a deed restriction is said to 'run with the land'?
- → A real estate agent is explaining deed restrictions to a buyer. All of the following are common types of deed restrictions found in residential subdivisions EXCEPT.
- → A developer creates a 200-lot subdivision and records a declaration of CC&Rs before selling any lots. The CC&Rs include architectural review requirements, landscaping standards, and HOA membership obligations. When a buyer purchases Lot 45, how is the buyer bound by the CC&Rs?
- → A buyer's agent is reviewing the CC&Rs for a subdivision. All of the following provisions are typically found in CC&Rs EXCEPT.
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Previous Question
A deed for Lot 14 in Maple Terrace states that the property may be used for residential purposes only. Five years later, a new owner opens a small auto repair shop in the detached garage. Owners of neighboring lots that benefit from the restriction file suit. What remedy are they most likely seeking?
Next Question
While reviewing title documents, a buyer finds an old recorded clause stating that the home may not be sold to members of a particular race. The buyer asks whether that clause can still be enforced in court. What is the best answer?