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Property OwnershipEncumbrancesMEDIUM

A recorded subdivision declaration prohibits short-term rentals of less than 30 days. One owner begins weekend rentals even though local zoning allows them. Who may generally enforce the recorded restriction?

Correct Answer

C) The association or benefited owners within the subdivision

Recorded subdivision restrictions are private covenants that are generally enforceable by the association or by owners whose parcels are benefited by the common plan. Zoning enforcement and private covenant enforcement are separate systems.

Answer Options
A
Any unrelated lender that holds a note from the owner
B
Only the city planning department that enforces zoning
C
The association or benefited owners within the subdivision
D
Only the original developer for the rest of time

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Background Knowledge for Property Ownership

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Related Topics & Key Terms

Key Terms:

deed_restrictionshort_term_rentalhoaprivate_covenantsencumbrances

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