Week 6

Question 1

Covenants like easements can be terminated in a variety of ways:
1. ?
2.
3.
4.
5.
6.
7.

Answer 1

1. Release (even without unanimous consent)

Question 1

Covenants like easements can be terminated in a variety of ways:
1.
2. ?
3.
4.
5.
6.
7.

Answer 1

2. Expiration

Question 2

Covenants like easements can be terminated in a variety of ways:
1.
2.
3. ?
4.
5.
6.
7.

Answer 2

3. Abandonment

Question 3

Covenants like easements can be terminated in a variety of ways:
1.
2.
3.
4. ?
5.
6.
7.

Answer 3

Merger - burdened and benefited estates become owned by same person

Question 4

Covenants like easements can be terminated in a variety of ways:
1.
2.
3.
4.
5. ?
6.
7.

Answer 4

5. Estoppel

Question 5

Covenants like easements can be terminated in a variety of ways:
1.
2.
3.
4.
5.
6. ?
7.

Answer 5

6. Eminent Domain

Question 6

Covenants like easements can be terminated in a variety of ways:
1.
2.
3.
4.
5.
6.
7. ?

Answer 6

7. Termination due to Change of Circumstances!!

An additional method in termination in the “covenant context” is: termination due to change of circumstances.

Question 7

_________ due to ______ ____ _________: when talking about termination of covenants for residential purposes only. Looking at changes in circumstances inside the subdivision not outside of the subdivision.

Answer 7

Termination

Change in Circumstances

Question 8

Termination due to change in circumstances: when talking about termination of covenants for residential purposes only. Looking at changes in circumstances _________ the subdivision not _______ of the subdivision.

Answer 8

inside

outside

Question 9

Pay attention to whether or not the changes have occurred inside the area subject to the covenant not outside in the world at large. if nothing has changed inside, we are going to keep the ________ in place.

Answer 9

covenant

Question 10

In order to assert illegal lease as a defense to the landlord’s lawsuit against Tenant for non-payment of rent, housing code violations must have been developed after the lease began.
A. True
B. False

Answer 10

B. False they must have developed before the lease began

Question 11

The general rule is that where ________ and _________ _________ collide the more restrictive will prevail.

Answer 11

zoning

restrictive covenants

Question 12

The general rule is that where zoning and restrictive covenants collide the more _________ will prevail.

Answer 12

restrictive

Question 13

Idea is if the covenant says single family residential only, but zoning says do whatever you want we are going to abide by the _________ because that is more restrictive. What doctrine is this?

Answer 13

covenant

Change of circumstances

Question 14

The implied warranty of habitability requires tenant to leave the premises.
A. True
B. False

Answer 14

B. False

you have to leave with breach of covenant of quiet enjoyment and constructive eviction. you don’t have to leave for the implied warranty of habitability.

Question 15

It is not how much benefit the hospital would Bring to the community. Has west relied upon the single family residential use only covenant? She had. Court decided to uphold the covenant. west beat out the hospital. this is the ___________ rule in the US. It is really hard to get rid of a ____________.

Answer 15

majority

covenant

Question 16

Snyder Case: The person seeking to maintain the covenant will be protected in their refusal to get rid of the covenant by all power of the law. In favor of West reliance on the covenant. True or False?

Answer 16

True

Question 17

Non-payment for rent for breach of the covenant of quiet enjoyment required that the tenant be constructively evicted.
A. True
B. False

Answer 17

A. True

Question 18

Termination of Covenants Public Policy Question

The changed conditions doctrine, as typified in Western Land and Rick v. West, is a stringent one which continues to be enforced by courts by the issuance of injunctive relief. But ought that to be the case? That is,…

Should we cease to enforce covenants if the objecting party is paid money damages for any value lost by permitting a violation of the covenants?

Answer 18

Should we force the person to transfer their rights if everybody wants the hospital but one?

Access to medical care. – increased traffic but change of medical attention.
I specifically paid to live in a subdivision because I wanted to be in a single family residential only neighborhood, and I wanted other things. Houses to look a certain way.

If somebody was going to take my covenant from me that would be problematic.
If money was thrown at me – should they waive the covenant and give them money instead.
Individual rights to have what they paid for or community rights which might benefit the community at large more. If you move – impact school my kid goes too, commute, price of house.

Valuable arguments on both side.

Individual rights – dangerous to take covenants away. Covenants have to have been made in such a way that they are not in violation of public policy.

Racially restrictive covenants should have never been created.
Single family residential use – may give chance to not live next to a factory.

Question 19

It is not possible to successfully assert retaliatory eviction after the requisite 90-180 day period.
A. True
B. False

Answer 19

B. False

Tenant got sued by LL for non-payment of rent and T’s response was there HC violations that affect health and safety and I moved in with the violations here and then T wins and court says the lease is illegal and LL wants to retaliatory eviction to get them out of the property but for various reasons – difficulty retaining counsel they waited longer than whatever the statutory period here was. Any action by the LL to increase rent or decrease within 90 -180 days that is presumed retaliatory eviction. The facts behind are the same. This tenant waited until too long can they no longer claim RE?

Are they just going to lose if they miss time window say true.
Still have a chance but more work – false.

Tenant would have to prove retaliatory eviction – if they would have filed in the time window the law would have presumed retaliatory eviction.

Question 20

Any action by the LL to increase rent or decrease within ________ days that is presumed retaliatory eviction

Answer 20

90-180

Question 21

Restrictive Covenants in Common Interest Communities

Based upon ownership of a subdivision lot or condominium unit,

1. 2.

Answer 21

1. property owner becomes a member of the association, and
2. is obligated to conform with negative covenants and pay fees and assessments (affirmative covenants).

Question 22

In most common interest communities the power to levy assessment for non-payment of fees or non-compliance with covenants is enforceable by _____ and a ______ on your property.

Answer 22

fines

lien

Question 23

___________ could be interior walls inward, exterior walls inward or some grassy areas outside. Typically, the exterior in a condominium owners association would be owned as tenants in common. When you drive into my subdivision and the sign and landscaping, I can go in that area because I own part of that as a TIC with other property owners.

Answer 23

Condominiums

Question 24

Landlord can discriminate on the basis of religion if Landlord is renting out one half of a duplex (where Landlord lives in the other half) under the Fair Housing Act.
A. True
B. False

Answer 24

A. True

Question 25

• Validity determined based upon application to the subdivision/ condominium as a whole, not an individual.
• If Restriction is in the Original Development Documents, the burden of proof: must show that the covenant is __________.

Answer 25

Arbitrary

Question 26

• If the restriction is adopted after subdivision/ condo units have been sold there is a lower burden: must show that the covenant is _______________-.
• Giving deference to the restrictions in the CIC’s organization does protects the expectations of purchasers (reliance) that the restrictions will be enforced.

Answer 26

UNREASONABLE

Question 27

Restriction was in the _____________ which the operative document when you set up the common interest community. Important place and No chance that the law would say that N didn’t know. She knew – record or actual notice – she knew and she bought here knowing that and still brought her cats there to live.

Answer 27

declaration

Question 28

42 USC Section 1982 prohibits discrimination on the basis of race in advertising.
A. True
B. False

Answer 28

B. False
Just in the sale or rental of property. Advertising is not in it.

Question 29

Common Interest Community Developer Restrictions: How do they hold up?
o No flag of any kind?

Question 30

Common Interest Community Developer Restrictions: How do they hold up?

Answer 30

Freedom to display the American flag act and it is not okay to prohibit the display of the American flag.

Question 31

• I was prohibited – St. Patrick’s Day and I put out an Irish flag and I got called into management office, you will have to take that down. I took it down, but had I put up an American Flag I don’t think that they could have stopped me.
• Political signs and American flags are a hot topic.
• HOA could say no holiday flags and I would have to take it down but if I wanted to put up an _______ _______that I kept up every day they wouldn’t be successful.

Answer 31

American Flag

Question 32

o No sign except the house number?

Answer 32

• Some neighborhoods say no sign except house number or relator for sale sign. Tricky because political signs have been found to unduly burden free speech.
• Say no to war sign and she won because the argument was, she can’t quit her job and say no to war 24 hours a day, but the sign can convey her political sentiments for her.
• Could make you take down the happy birthday sign.
• Turkey flag. Santa, they could make me take that down.
• I could argue nativity flag that you are violating my religious rights. I might have more luck with that. No luck with Halloween flags.
• More protection for political speech and American flag

Question 33

o No solar energy panels?

Answer 33

• States Mass and Fla. Prohibiting enforcement of covenants that restrain the use of solar energy. Bad idea to say that you can’t get energy from the sun.
• Big movement towards allowing solar energy.
• Some states are saying HOA condominium owners’ associations you can’t prohibit that.

Question 34

o No outdoor clothesline?

Answer 34

• Can prohibit those wherever.
• Can argue better for the earth because indoor is more energy but no one is compelled by that.