A recorded deed restriction limits several lots to residential use only. Each of the following could terminate or seriously weaken enforcement of that restriction EXCEPT.
Correct Answer
D) The city later rezones the area to allow mixed commercial and residential uses
Rezoning changes the government's rules, but it does not by itself erase a valid private restriction. By contrast, a recorded release, an expiration provision, or sufficiently drastic changed conditions can terminate or undermine private covenant enforcement under common-law principles.
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Previous Question
The recorded declaration for Harbor View says that any amendment to the leasing restriction requires approval of 67% of the owners and recordation of the amendment. The board votes 4-1 to ban all future leasing but never submits the change to the owners. A unit owner immediately signs a one-year lease. Which statement is most accurate?
Next Question
When Janelle bought a new townhouse, the builder's salesperson told her, 'Don't worry, the no-short-term-rental rule is never enforced.' The recorded declaration, however, clearly bans rentals under 30 days and was never amended. Janelle later lists the unit on a home-sharing site. If the association objects, what is the best answer?