Tennessee Real Estate License Exam Practice Question
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?
Correct Answer: B
Rationale: In a platted subdivision, if covenants, conditions, and restrictions (CC&Rs) are stricter than local zoning ordinances, the more restrictive provision typically applies. Courts tend to uphold these CC&Rs, especially if neighboring property owners raise concerns about violations, as they aim to protect the community's character.
Option A is incorrect because local zoning ordinances do not automatically take precedence over stricter CC&Rs. Option C is misleading; seeking a variance is more applicable to zoning laws than CC&Rs. Option D is inaccurate; CC&Rs generally supersede zoning ordinances, regardless of the restriction's nature.
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