California Real Estate SalespersonProperty Ownership and Land Use ControlsHard
A homeowners association's CC&Rs prohibit any structure taller than one story within the subdivision. A homeowner begins building a two-story addition in violation of this restriction. What is the most likely legal remedy available to enforce the CC&Rs?
- AThe city will issue a criminal citation for a zoning violation
- BThe deed restriction is unenforceable because CC&Rs cannot restrict building height
- COther homeowners or the HOA may seek an injunction to enforce the equitable servitude
- DThe county assessor will automatically increase the property tax to penalize the violation
Show answer & explanationAnswer & explanation
Correct answer: C. Other homeowners or the HOA may seek an injunction to enforce the equitable servitude
CC&Rs create equitable servitudes that run with the land; when violated, affected parties (neighbors or the HOA) can seek injunctive relief in civil court to enforce the private restriction, separate from any public zoning enforcement.
Why the other options are wrong
- A. CC&Rs are private restrictions enforced through civil action, not public zoning citations by the city.
- B. CC&Rs can validly restrict height and other physical development standards as long as they are properly recorded and not illegal or discriminatory.
- D. Property tax assessment is unrelated to enforcement of private deed restrictions.
Equitable Servitude (CC&Rs Enforcement)
A private land use restriction created by recorded covenants (CC&Rs) that runs with the land and is enforceable in equity, typically through an injunction, by other burdened/benefited property owners.
- Enforced privately, not by city zoning departments
- Typical remedy is injunctive relief in civil court
- Must be recorded and reasonably related to a legitimate purpose to be enforceable
Memory trick: CC&Rs are contracts on the land — enforce them in court, not city hall.