Jesse and Michele Knight were interested in buying a lot in a subdivision in the Manor Estates. They went to the sales office and talked with Mr. David Goates. They explained that they were interested in buying a lot and building a home with a basement apartment that they could then rent out for income purposes. Goates was unclear about whether the apartment would be permitted, but stated that he had friends who had such apartments even when the deed restrictions prohibited them.
The Knights purchased a lot and built their home with the basement apartment, which they then rented. There was a deed restriction prohibiting such use in the subdivision. What would happen if the homeowners or HOA took no action against the Knights?
A) Nothing. The deed restriction is not lost through non-enforcement.
B) It is the HOA and owners choice to bring enforcement action, but it is not necessary.
C) The restriction could be lost through patterns and exceptions.
D) The city could make a zoning change to eliminate the restriction.
Correct Answer:
Verified
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