30. 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, if the covenants, conditions, and restrictions (CC&Rs) are stricter than local zoning ordinances, the more restrictive provisions are typically enforced. This means that the courts are likely to uphold these stricter rules, especially if there are complaints from neighboring property owners regarding violations.
A) The local zoning ordinances will always take precedence over the restrictive covenants.
This statement is incorrect because local zoning ordinances do not automatically take precedence over restrictive covenants. In fact, when covenants are more stringent, they are usually upheld, reflecting the intention of property developers and the agreements made by property owners in the subdivision.
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 accurately reflects the legal principle that more restrictive provisions in CC&Rs will be enforced over local zoning ordinances. Courts prioritize these stricter rules, especially in cases of complaints from neighboring owners, thereby maintaining the integrity of the subdivision’s regulations.
C) A property owner may always seek a variance from a restrictive covenant from the local municipality's regulatory body.
This statement is misleading because variances are typically associated with zoning ordinances rather than restrictive covenants. While property owners may seek relief from certain zoning restrictions, restrictive covenants are private agreements that usually require consent from other homeowners or associations, not municipal approval.
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 it is true that restrictive covenants related to land use may take precedence, the general rule is that any stricter covenants will apply regardless of whether they pertain solely to land use. Therefore, this statement does not capture the broader principle that applies in most cases.
Conclusion
The answer B is definitively correct as it underscores the legal precedence of more restrictive provisions in CC&Rs over local zoning ordinances, supported by the likelihood of court enforcement in response to violations. The other options fail to accurately reflect the legal framework surrounding restrictive covenants, making them less valid in this context.