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Land Use ControlsDeed_restrictions_HOA_CCRsEASY

When a zoning ordinance and a deed restriction both apply to the same property but impose different standards, which standard controls?

Correct Answer

D) Whichever restriction is more restrictive generally controls

When both a zoning ordinance and a deed restriction apply, the more restrictive standard generally controls. For example, if zoning allows a six-foot fence but the CC&Rs limit fences to four feet, the four-foot limit applies.

Answer Options
A
The zoning ordinance always overrides deed restrictions
B
The deed restriction always overrides zoning
C
Neither applies; the property owner chooses which to follow
D
Whichever restriction is more restrictive generally controls

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Related Topics & Key Terms

Key Terms:

deed_restrictionszoningmore_restrictivedual_standardsland_use_controls
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