A homeowner in a gated community parks a recreational vehicle (RV) in her driveway. The CC&Rs prohibit storing RVs on any lot within the community. The homeowner claims the RV is her primary vehicle and should be exempt. How would a court likely rule?
Correct Answer
D) In favor of the HOA, because the CC&Rs clearly prohibit RV storage on any lot regardless of the vehicle's use
CC&Rs that clearly prohibit RV storage on any lot are generally enforceable as written. Courts typically do not create exceptions not found in the covenant language, regardless of how the owner uses the vehicle.
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Related Topics & Key Terms
Key Terms:
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.
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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