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Updated over 3 years ago on . Most recent reply

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82
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5
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Brennen Cook
  • Elk Grove, CA
5
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82
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CC&R Conflict with Zoning Ordinance

Brennen Cook
  • Elk Grove, CA
Posted

So I have gone through Biggerpockets and have not found this one....

I have a situation where CC&R's seem to conflict with local zoning ordinances. Situation as is below:

-CC&R's written in 1987 read "No building on any lot of said property shall be used for more than one single family dwelling and or accessory building".

- In 2015 zoning was legally changed to multi family.

My understanding of zoning vs CC&R is that CC&R's can be more restrictive, but cannot violate any laws. My understanding is that zoning ordinances are law, enforceable by such, and CC&R are voluntary agreements, a civil matter.

There is multifamily already permitted to build on the property and I know city planning and permitting departments are not privy to CC&R's. Would there be some crazy civil recourse on this being in conflict with CC&R's?

Curious is anyone has any insight or experience on this before I reach out to my attorney. Any insight is appreciated!

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