13. In a platted subdivision there may be separate covenants, conditions, and restrictions. If this is the case, and they are stricter than the local zoning ordinances, which of the following is typically true?
Answer: B
The more restrictive provision will apply, and the courts will likely enforce it if neighboring owners complain of a violation.
In a platted subdivision, when there are covenants, conditions, and restrictions that are stricter than local zoning ordinances, the more restrictive provision typically prevails. This means that if these covenants are more stringent, they will be enforced, particularly if there are complaints from neighboring property owners.
A) The local zoning ordinances will always take precedence over the restrictive covenants.
This option is incorrect because local zoning ordinances do not always take precedence over restrictive covenants. When the covenants are more restrictive, they can supersede local zoning laws in their application and enforcement.
B) The more restrictive provision will apply, and the courts will likely enforce it if neighboring owners complain of a violation.
This option is correct as it reflects the legal principle that more restrictive covenants can be enforced in a subdivision, especially when there are complaints from neighboring property owners. Courts generally uphold these covenants to maintain the character and standards of the community.
C) A property owner may always seek a variance from a restrictive covenant from the local municipality's regulatory body.
This option is misleading because while a property owner can seek a variance, it is not guaranteed that it will be granted. Variances typically apply to zoning laws rather than restrictive covenants, which may not be modified by the municipality.
D) If the restriction involves land use it will supersede the zoning ordinance; otherwise, the zoning ordinance will take precedence.
This option is partially correct but misleading. While land use restrictions can supersede zoning ordinances, this statement does not adequately capture the general principle that more restrictive covenants, regardless of their focus, will apply if they are stricter than zoning laws.
Conclusion
The correct answer, B, highlights the principle that in cases where subdivision covenants are stricter than local zoning ordinances, those covenants take precedence and are enforceable. Options A, C, and D fail to accurately reflect the hierarchy and enforcement of these regulations, reinforcing the importance of understanding property law within subdivision contexts.