California Real Estate Practice Exam

Which of the following restrictions, set up by the developer of a subdivision (based on experience), would be the least likely to be enforced?

1. height restrictions (including number of floors)

2. limitations on lot size

3. limitations on minimum square footage for improvement on each lot

4. minimum dollar amount expended for improvements on each lot

The correct answer is: height restrictions (including number of floors)

Height restrictions, while common in many subdivisions, may be the least likely to be enforced due to various reasons. In a typical residential context, height limitations can sometimes be seen as somewhat subjective and variable based on local zoning laws, neighborhood characteristics, and potential changes in community standards. Developers often impose height restrictions to maintain a certain aesthetic or character of the subdivision, but as circumstances change, such as new architectural trends or community preferences, enforcing strict height limitations can be more challenging. Moreover, any attempt to enforce height restrictions might be met with resistance from homeowners, particularly if they wish to modify their properties in line with contemporary design trends or needs, such as adding a second story to accommodate a growing family. The adaptability of homeowners to comply with evolving standards can result in less rigid enforcement of height limitations compared to other restrictions, which might involve more concrete measures, such as lot sizes or minimum improvements that are easier to quantify and regulate. In contrast, limitations on lot size, minimum square footage for improvements, and minimum dollar amounts for improvements are more straightforward to enforce. These restrictions are often directly linked to property values and maintenance standards, and they provide clear parameters for owners, making enforcement more manageable. Such restrictions usually have a clear basis in the subdivision's governing documents,