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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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?
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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?