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Property-Only: Land Use and Property Management

Property-Only · Work through your exam, one topic at a time.

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Land Use and Property Management

This domain tests public and private land-use controls and the landlord-tenant and management rules that affect occupancy and operations.

Public controls

Police power allows zoning, building codes, health codes, and subdivision regulation without compensation unless a regulation goes too far. A comprehensive plan guides zoning. Zoning regulates use, height, bulk, density, and setbacks. A variance relieves a hardship caused by the ordinance; use variances are often disfavored or prohibited, while area variances address setbacks and lot coverage. A conditional or special-use permit allows a listed use with conditions. A nonconforming use existed lawfully before zoning and may continue but generally cannot be expanded. A PUD permits mixed uses under a master plan. Eminent domain requires public use and just compensation.

Private controls and management

CC&Rs and HOA rules are private restrictions enforceable by injunction or damages. Leases transfer possession, not title; a license is permission, not a leasehold. Landlords owe habitability, repairs, and security-deposit accounting under state law. Managers must maintain records, avoid commingling, and follow fair-housing rules.

Worked example

An owner's lot is zoned R-1 for single-family homes. The owner wants a duplex. A variance is not the right tool because the ordinance does not permit duplexes at all; the owner needs a rezoning or a conditional-use approval if duplexes are listed. If the request were to reduce a side setback from 10 feet to 8 feet, an area variance could be appropriate if strict application creates unnecessary hardship and neighbors' character is protected.

Traps

A nonconforming use cannot be enlarged merely because it is grandfathered. A variance is not a rezoning. A lease is not a license. Do not assume HOA covenants override public law; the more restrictive rule often controls.