Land Use & ZoningIntermediateArizona Exam
Deed restrictions (CC&Rs) in Arizona that exceed local zoning standards are:
AVoid and unenforceable
BEnforceable if they do not violate fair housing laws or public policyCorrect
CEnforceable only if recorded before the zoning was enacted
DUnenforceable because zoning always controls
Why Enforceable if they do not violate fair housing laws or public policy Is Correct
Answer B: Enforceable if they do not violate fair housing laws or public policy
Private deed restrictions (CC&Rs) can be more restrictive than zoning ordinances and are generally enforceable as long as they do not violate fair housing laws, public policy, or other legal requirements.
Key Land Use & Zoning Terms in This Question
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
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