A buyer purchases a home in a neighborhood with recorded CC&Rs from 1975 that restrict the property to single-family residential use only. The buyer wants to operate a home daycare serving 12 children. The CC&Rs are silent on home-based businesses. Can the HOA prevent the daycare?
Correct Answer
D) Yes, because operating a daycare for 12 children likely exceeds the scope of single-family residential use as defined in the CC&Rs
A commercial daycare operation serving 12 children likely goes beyond the ordinary meaning of single-family residential use. Courts often interpret residential-use restrictions to prohibit commercial activities that change the character of the property, even if the specific activity is not named.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.
More Land Use Controls Regulations Questions
Zoning ordinance compliance is monitored through:
Seeking an exemption from zoning requirements requires a:
A government plan guiding long-term physical development is:
An example of private land-use control is:
Zoning ordinances regulate all of the following EXCEPT:
- → The Interstate Land Sales Full Disclosure Act regulates:
- → Under the Interstate Land Sales Full Disclosure Act, buyers have how many days to cancel after receiving the property report?
- → The main difference between private and public land controls is:
- → A homeowner in an HOA community wants to install solar panels on her roof. The CC&Rs do not address solar panels. The HOA's architectural review board denies the request, citing aesthetic concerns. In many jurisdictions, how do solar access laws affect this dispute?
- → In a planned community, what is the primary role of the homeowners' association (HOA)?
- → What does the term 'covenants, conditions, and restrictions' (CC&Rs) refer to in real estate?
- → When a zoning ordinance and a deed restriction both apply to the same property but impose different standards, which standard controls?
- → A homeowner fails to pay HOA assessments for two years. The HOA records a lien against the property and initiates foreclosure proceedings. What type of lien does the HOA hold?
- → What does it mean when a deed restriction is said to 'run with the land'?
- → An HOA board votes to increase the monthly assessment from $200 to $350 to fund a new community pool. A homeowner objects, saying she did not agree to the increase. Under typical HOA governance, is the assessment increase binding on the objecting homeowner?
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