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Land Use Controls RegulationsDeed_restrictions_HOA_CCRsMEDIUM

A subdivision's CC&Rs require all homes to be painted in earth tones. A homeowner paints her house bright purple. The HOA sends a violation notice and demands the house be repainted. The homeowner refuses, arguing the restriction is unreasonable. Who is likely to prevail?

Correct Answer

B) The HOA, because paint color restrictions in CC&Rs are generally enforceable if they were properly recorded and the owner had notice

CC&R restrictions on exterior paint colors are widely upheld by courts as reasonable restrictions designed to maintain neighborhood aesthetics and property values. The homeowner agreed to be bound by the CC&Rs when purchasing the property.

Answer Options
A
The homeowner, because paint color preferences are a matter of free speech
B
The HOA, because paint color restrictions in CC&Rs are generally enforceable if they were properly recorded and the owner had notice
C
The homeowner, because CC&Rs cannot regulate exterior appearance
D
Neither party, because paint color disputes must be resolved by the local government

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Related Topics & Key Terms

Key Terms:

CCRsHOA_enforcementpaint_restrictionscovenantsland_use_controls

Related Concepts

Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.

An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.

An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.

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