A developer creates a 200-lot subdivision and records a declaration of CC&Rs before selling any lots. The CC&Rs include architectural review requirements, landscaping standards, and HOA membership obligations. When a buyer purchases Lot 45, how is the buyer bound by the CC&Rs?
Correct Answer
B) The buyer is bound because the CC&Rs are recorded covenants that run with the land and attach to every lot in the subdivision
Recorded CC&Rs are covenants that run with the land. They bind all purchasers of lots within the subdivision, regardless of whether the buyer personally signed the declaration. Notice is provided through the recording.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Setback requirements are zoning regulations that specify the minimum distance a building or structure must be set back from property lines, streets, or other boundaries. They ensure adequate light, air, and space between structures.
Spot zoning is an illegal or improper rezoning of a small parcel of land that is inconsistent with the surrounding zoning and the comprehensive plan. It benefits an individual owner rather than the community as a whole.
Subdivision regulations are local government rules that control the division of land into smaller parcels for development or sale. They ensure proper infrastructure, lot sizes, and public improvements are provided.
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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