Ch 17 Quizzes

Question 1

T/F: The primary goal of CC&Rs is to allow the subdivision developer to reclaim the property if the owner doesn’t comply.

Answer 1

False

The main goal of CC&Rs is usually to maintain a uniform appearance and level of quality in the subdivision.

Question 2

T/F: Private restrictions generally run with the land.

Answer 2

True

Most private restrictions last indefinitely and apply to future owners of the property as well.

Question 3

T/F: A homeowners association may modify existing restrictions in CC&Rs

Answer 3

True

The bylaws of the homeowners association will set forth the procedures for adding or changing restrictions.

Question 4

T/F: In order for a private restriction to run with the land, it simply needs to be put in writing and signed.

Answer 4

True

To run with the land, private restrictions should relate to property rights or payments. They must contain a legal description of the affected property, indicate an intent to bind future owners, and be recorded.

Question 5

A homeowner seeking to enforce the CCRs can:
1)
2)
3)

Answer 5

1) Sue the neighbor who is violating the restriction,
2) Ask the HOA to sue or take other enforcement action, or
3) Sue the HOA, if the board refuses to act.

Question 6

T/F: A restriction running with the land typically continues until the owners of the affected properties agree to terminate it

Answer 6

True

Question 7

Since restrictions which run with the land usually continue until the owners terminate it, for a restriction found in a CC&R, this generally means that the homeowners must vote to ___ it (but there are other ways)

Answer 7

Repeal

Question 8

T/F: voluntary action on the part of homeowners is NOT always required to terminate a restriction(s).
These include __, __, and __.

Answer 8

True

These include: waiver, changed conditions, or expiration

Question 9

When the lack of enforcement is routinely expected by residents, courts may find that the HOA has ____ (voluntarily relinquished) its right to enforce the restriction

Answer 9

Waived

Question 10

The possibility of ___ is how HOA boards justify even seemingly petty enforcements of a restriction.

Answer 10

Waiver

Question 11

Courts have interpreted waivers narrowly and are ____ to totally invalidate a restriction if it still serves a ___ interest.

Answer 11

Reluctant

community

Question 12

T/F: CC&Rs are required by law to have an expiration date.

Answer 12

False

Although some older sets of CC&Rs may have expiration dates, they are not required and the practice has fallen out of favor because property values are better protected by permanent restrictions.

Question 13

T/F: Individual homeowners seeking to enforce CC&Rs must sue the homeowners association first.

Answer 13

False

A homeowner can sue the neighbor who is violating the restriction, ask the homeowners association to sue or take enforcement action, or sue the homeowners association itself if it refuses to act.

Question 14

T/F: Many CC&Rs provide for legal costs to be paid by the losing party.

Answer 14

True

Assessment of legal costs discourages baseless lawsuits and encourages homeowners to comply with requests of neighbors or the homeowners association.

Question 15

T/F: A subdivision is subject to a restriction against parking vehicles on the street. Many residents park on the street anyway and use their garage for storage. This is an example of changed conditions.

Answer 15

False

Failure to enforce a restriction may lead to it being terminated by waiver, not changed conditions.

Question 16

T/F: A successful lawsuit to enforce private restrictions is most likely to lead to an injunction.

Answer 16

True

An injunction is a court order directing the defendant to stop or cure the violation.

Question 17

T/F: CC&Rs may prohibit installing a satellite dish.

Answer 17

False

CC&Rs may prohibit installing a satellite dish.

Question 18

T/F: Homeowners associations sometimes justify petty enforcements of a restriction based on the possibility of waiver.

Answer 18

True

Although courts interpret waivers narrowly if the restriction still serves a community interest, homeowners associations argue that if they don’t object to minor violations, it may be harder to prevent more serious violations.

Question 19

• T/F: Most public land use restrictions are imposed by the federal government.

Answer 19

False

Most public land use restrictions are imposed by local governments, such as cities and counties.

Question 20

T/F: State law limits the types of land use restrictions local governments are allowed to pass.

Answer 20

Land use restrictions must be constitutional and authorized by California state law.

Question 21

A comprehensive plan is a general blueprint for a city or county’s long-term development.

Answer 21

True

The comprehensive plan is created by a planning commission and sets goals for developing the community in an orderly manner.

Question 22

T/F: The government can restrict private property rights to protect the public’s general welfare.

Answer 22

True

The police power allows the government to adopt laws and regulations to protect the public’s health, safety, morals, and general welfare.

Question 23

** T/F: An urban growth boundary is designed to keep excess development out of urban areas.

Answer 23

False

Urban growth boundary laws limit or ban significant development outside the boundary, to focus development inside the urban area.

Question 24

T/F: In California, every local government is required to have a comprehensive plan.

Answer 24

True

The comprehensive plan is adopted after public hearings are held, giving people an opportunity to make suggestions or voice objections.

Question 25

A requirement that will prevail if it is more restrictive than the zoning ordinance: ____

Answer 25

Private restriction

Generally speaking, property owners must comply with the more restrictive requirement.

Question 26

___ = the result of a final inspection to indicate that a property complies with building codes.

Answer 26

Certificate of occupancy

Building inspectors verify that construction complies with the plans and specifications before the completed structure can be occupied.

Question 27

___ = A land use that violates current zoning, but was legal under earlier law.

Answer 27

Nonconforming use

Generally, the use is permitted to continue for a reasonable period of time, as long as it isn’t expanded.

Question 28

__ = An exception to the zoning regulations permitting an owner to build a structure that isn’t otherwise allowed, when the characteristics of the owner’s property make it difficult to follow zoning guidelines.

Answer 28

Variance

As a general rule, variances allow only minor deviations from zoning ordinances.

Question 29

__ = Singling out a piece of property for rezoning without clear justification.

Answer 29

Spot zoning

Spot zoning is illegal

Question 30

__ = A permitted but inconsistent use that is beneficial to the community.

Answer 30

Conditional use

Examples of conditional uses include schools, hospitals, churches, public utility structures, and parks.