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?
Correct Answer
B) The recorded declaration generally controls, and an informal oral statement does not amend the restriction
Recorded land-use restrictions are ordinarily changed through the procedures required by the governing documents, not by casual oral assurances from a salesperson. Because the declaration was never amended, the association can generally rely on the recorded rule rather than the informal statement.
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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.
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Noah buys a home in a planned community and is surprised to learn that the monthly HOA dues are billed separately from his mortgage payment. He tells the manager he will simply stop paying because he does not use the tennis courts. What is the most accurate response?