Legal Question in Real Estate Law in Oregon
CC&Rs
Which takes precedence, CCRS or zoning when it comes to dividing existing lot. Zoning is R20, CCRs 1 acre mininimum.
1 Answer from Attorneys
Re: CC&Rs
CC&Rs can be more restrictive than the zoning. CC&Rs are private covenants were implemented by a previous owner to preserve a certain general environment whereas zoning is created by the public body. It is unclear whether your neighbors have the same CC&Rs, but if so then the restrictions also benefit your property by restricting what can happen on your neighbors land. Whether a restriction is beneficial economically is obviously a relative question, but there is no doubt your rights to develop the property are burdened. CC&Rs may in certain circumstances be altered by agreement of all relevant parties (the owners or parties of the land that the benefit runs to) or by a certain percentage vote of the HOA if there is one. Changing zoning would be a different process and wouldn't affect the covenant.