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?
Correct Answer
D) That prior widespread nonenforcement may support waiver, abandonment, or selective-enforcement arguments
When similar covenant violations have been openly tolerated for a long time, an owner may argue waiver, abandonment, or selective enforcement. The success of that defense depends on the facts and applicable law, but it is the most legally relevant response to years of broad nonenforcement.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
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:
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Previous Question
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?
Next Question
After closing on a townhouse in a common-interest development, Elena says she never agreed to join the homeowners association and refuses to follow its published rules. Her deed references the recorded declaration for the project. Which statement is most accurate?