An HOA has not enforced a deed restriction prohibiting commercial vehicles from parking on residential lots for 15 years, and many homeowners now park work trucks and vans in their driveways. The HOA now tries to enforce the restriction against a new homeowner. The new homeowner argues the HOA waived the restriction. What is the likely outcome?
Correct Answer
B) The HOA may have difficulty enforcing the restriction because selective or inconsistent enforcement can constitute waiver or abandonment of a covenant
Courts may find that long-term, widespread non-enforcement of a covenant constitutes abandonment or waiver, making it difficult for the HOA to selectively enforce the restriction against one homeowner. Consistent enforcement is necessary to maintain enforceability.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
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.
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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