Ch 17 Quizzes Flashcards
T/F: The primary goal of CC&Rs is to allow the subdivision developer to reclaim the property if the owner doesn’t comply.
False
The main goal of CC&Rs is usually to maintain a uniform appearance and level of quality in the subdivision.
T/F: Private restrictions generally run with the land.
True
Most private restrictions last indefinitely and apply to future owners of the property as well.
T/F: A homeowners association may modify existing restrictions in CC&Rs
True
The bylaws of the homeowners association will set forth the procedures for adding or changing restrictions.
T/F: In order for a private restriction to run with the land, it simply needs to be put in writing and signed.
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.
A homeowner seeking to enforce the CCRs can:
1)
2)
3)
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.
T/F: A restriction running with the land typically continues until the owners of the affected properties agree to terminate it
True
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)
Repeal
T/F: voluntary action on the part of homeowners is NOT always required to terminate a restriction(s).
These include __, __, and __.
True
These include: waiver, changed conditions, or expiration
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
Waived
The possibility of ___ is how HOA boards justify even seemingly petty enforcements of a restriction.
Waiver
Courts have interpreted waivers narrowly and are ____ to totally invalidate a restriction if it still serves a ___ interest.
Reluctant
community
T/F: CC&Rs are required by law to have an expiration date.
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.
T/F: Individual homeowners seeking to enforce CC&Rs must sue the homeowners association first.
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.
T/F: Many CC&Rs provide for legal costs to be paid by the losing party.
True
Assessment of legal costs discourages baseless lawsuits and encourages homeowners to comply with requests of neighbors or the homeowners association.
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.
False
Failure to enforce a restriction may lead to it being terminated by waiver, not changed conditions.
T/F: A successful lawsuit to enforce private restrictions is most likely to lead to an injunction.
True
An injunction is a court order directing the defendant to stop or cure the violation.
T/F: CC&Rs may prohibit installing a satellite dish.
False
CC&Rs may prohibit installing a satellite dish.
T/F: Homeowners associations sometimes justify petty enforcements of a restriction based on the possibility of waiver.
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.
- T/F: Most public land use restrictions are imposed by the federal government.
False
Most public land use restrictions are imposed by local governments, such as cities and counties.
T/F: State law limits the types of land use restrictions local governments are allowed to pass.
Land use restrictions must be constitutional and authorized by California state law.
A comprehensive plan is a general blueprint for a city or county’s long-term development.
True
The comprehensive plan is created by a planning commission and sets goals for developing the community in an orderly manner.
T/F: The government can restrict private property rights to protect the public’s general welfare.
True
The police power allows the government to adopt laws and regulations to protect the public’s health, safety, morals, and general welfare.
** T/F: An urban growth boundary is designed to keep excess development out of urban areas.
False
Urban growth boundary laws limit or ban significant development outside the boundary, to focus development inside the urban area.
T/F: In California, every local government is required to have a comprehensive plan.
True
The comprehensive plan is adopted after public hearings are held, giving people an opportunity to make suggestions or voice objections.
A requirement that will prevail if it is more restrictive than the zoning ordinance: ____
Private restriction
Generally speaking, property owners must comply with the more restrictive requirement.
___ = the result of a final inspection to indicate that a property complies with building codes.
Certificate of occupancy
Building inspectors verify that construction complies with the plans and specifications before the completed structure can be occupied.
___ = A land use that violates current zoning, but was legal under earlier law.
Nonconforming use
Generally, the use is permitted to continue for a reasonable period of time, as long as it isn’t expanded.
__ = 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.
Variance
As a general rule, variances allow only minor deviations from zoning ordinances.
__ = Singling out a piece of property for rezoning without clear justification.
Spot zoning
Spot zoning is illegal
__ = A permitted but inconsistent use that is beneficial to the community.
Conditional use
Examples of conditional uses include schools, hospitals, churches, public utility structures, and parks.
