A subdivision's CC&Rs require the approval of 75 percent of the lot owners to amend any restriction. Only 60 percent of the owners vote to remove a restriction that limits fence height to six feet. Is the restriction removed?
Correct Answer
A) No, because the 75 percent approval the CC&Rs require was not obtained
CC&Rs are a private agreement among the owners, and the amendment procedure written into the declaration controls. When the document sets a 75 percent threshold, a 60 percent vote simply fails, so the six-foot fence limit stays in force and remains enforceable against every lot. Owners who cannot reach the threshold must gather more votes or ask a court to find the restriction abandoned; they cannot treat a majority vote as an amendment.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
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:
- → A government plan guiding long-term physical development is:
- → A developer plans to build a new condominium complex. The developer must create and record certain governing documents before selling any units. What document is the foundation of the condominium's governance structure?
- → 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?
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