First, talk directly (and preferably in person) with someone at Los Angeles city hall who has authority over building permits and another person probably who has authority over zoning enforcement. Rather than worrying about all this, we have two suggestions about steps you could take. In sum, the city can and will enforce its zoning, but you the members and dues payers of the HOA must pay the legal fees to enforce your covenants if a buyer or prospective buyer wants to argue the point. So a new land owner who received a permit from the city for an r4 type use, presumably higher density residential, could find himself or herself in the unfortunate situation of facing a lawsuit from the HOA, or perhaps less intensely, an HOA ready and willing to impose fines and other penalties at its disposal for violating the restrictions. It is also true that land owners must abide by covenants. So you possibly could have your city issuing a building permit for an r4 use that is not permitted in r1.īut let's look at the other side. We don't know any specifics about Los Angeles at all, but in many cities, the people issuing development permits would not check deed restrictions on a routine basis before issuing a building permit. There is a very large body of law upholding zoning, especially when it seems to be backed by sound planning practice as is the case here. Yes, we agree with our visitor that a court would be likely to decide in favor of the city's zoning in the event of a direct conflict with a restrictive covenant, which is what we have here. Let's follow that logic through in this case. The general principle is that land owners must obey both public requirements, such as zoning and other development regulations, and private deed restrictions.
TABLEPLUS SEE FIELD RESTRICTIONS CODE
Generally, the more restrictive rules apply, however, since the city had hearings, and the zoning change was passed as an ordinance by the city council, does the public interest of the city zoning code and general plan change overcome the private restrictive covenant?Įditors Reply: While we have answered somewhat similar questions before, we find that this question provides some nuances we haven't addressed previously. However the HOA states in the C C R's that the lot must remain R1.
Recently, because the home is close to a recently completed urban rail line, the city, as part of a general rezoning of the master zoning plan for the area changed the zoning from r1 to r4. Visitor Question: I own a single family home in Los Angeles. Rezoning directly conflicts with deed restriction
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