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?
Correct Answer
A) The declaration of condominium
The declaration is the instrument that creates the condominium: recorded before any unit is sold, it submits the land to the condominium regime, describes the units and the common elements, allocates the undivided interests and brings the owners' association into existence. The bylaws sit beneath the declaration and govern how that association operates, and the board's rules govern day-to-day conduct within the limits the bylaws set. The plat is recorded with the declaration to show the units graphically, but it does not create the regime or its governance.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
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.
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 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?
- → What does it mean when a deed restriction is said to 'run with the land'?
- → A real estate agent is explaining deed restrictions to a buyer. All of the following are common types of deed restrictions found in residential subdivisions EXCEPT.
- → 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?
- → A buyer's agent is reviewing the CC&Rs for a subdivision. All of the following provisions are typically found in CC&Rs EXCEPT.
- → 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?
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