Renee obtains a city building permit for a detached storage shed that meets all municipal setback rules. After construction begins, the association points out that the recorded CC&Rs prohibit detached outbuildings anywhere in the subdivision. Which statement is most accurate?
Correct Answer
D) The city permit does not by itself cancel the CC&Rs, so the association may still seek to enforce the private restriction
A government permit shows only that the project satisfies public requirements addressed by the permit. It does not automatically eliminate separate private promises in recorded CC&Rs, so an association may still enforce a lawful private restriction even when the city approved the work.
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Previous Question
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?
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For more than eight years, the association has ignored dozens of visible violations of a declaration provision banning pickup trucks parked overnight in driveways. When Amir moves in, the board immediately fines him for parking his truck in the driveway, even though neighboring owners have done the same thing for years without penalty. What defense does Amir most likely raise?