Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the CCRs And State Law topic
No spam. Unsubscribe anytime.
State law limits some deed restrictions but Yachats residents still can sue over height limits
Summary
City planner Catherine Gunther told a Yachats Zoom meeting that private covenants (CC&Rs) remain enforceable in court for height restrictions, but recent state moves remove enforceability of private density limits that conflict with local codes; the state change on density takes fuller effect in 2027.
City planner Catherine Gunther said the proposed Title 9 updates and recent state legislation change how private covenants interact with local code. "Those CCRs are private deed restrictions — a contract between neighbors," she said, adding the city itself cannot enforce CC&Rs but can enforce its own code.
Gunther explained that the state has already limited private deed restrictions that impose density limits when they conflict with local zoning, meaning "if a line in there says one single-family residence per lot, but you're zoned in a way that your local code would allow for higher density, you can no longer enforce that CCNR." She noted, however, "that does not yet apply to any kind of height restrictions," and gave Ocean Crest and a Driftwood Lane case as examples where neighbors successfully pursued civil lawsuits over height violations. Residents were advised to expect the density rule roll-out to continue and for parts to take effect by 01/01/2027.
The planner recommended that applicants whose proposals may conflict with CC&Rs be transparent about potential legal exposure. "If it's going to end up in court, then maybe we start that before anybody even breaks ground," Gunther said. The city attorney’s memo on the specific question is available on the city website, she added.
