- Official section
- National II: Land Use Controls and Regulations
- Broker weight
- 5% of the national broker portion
- Expected scored items
- Government and private controls share about 5 of 100 items
Land Use Controls topic guide
Private controls on land use
Private controls travel through documents. To solve the exam question, find the creating instrument, identify who has the benefit and burden, check notice and authority, and choose the remedy that the document and law permit.
What does this exam area cover?
Short answer: Know deed conditions and restrictions, restrictive covenants, real covenants and equitable servitudes, declarations, CC&Rs, condominium and common-interest governance, bylaws, board rules, architectural controls, assessments, liens, enforcement, injunctions, damages, waiver, abandonment, changed conditions, amendment, termination, fair housing, public-control conflicts, and buyer due diligence.
The national outline expressly names deed conditions and restrictions, subdivision CC&Rs, and condominium or owner-association rules and bylaws. Illinois condominium and common-interest statutes add state requirements, while each property's recorded declaration and current governing documents supply the transaction-specific rules.
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What is on the official outline?
- Topic
- Deed restrictions
- What to know
- Restriction language, grantor and grantee, affected parcel, duration, successors, prohibited use, architectural standard, building limit, enforcement right, amendment, release, and recording
- Best exam move
- Read the instrument for the exact burden, beneficiary, duration, and remedy.
- Topic
- Conditions in conveyances
- What to know
- Fee simple determinable, possibility of reverter, fee simple subject to condition subsequent, right of entry, triggering event, automatic termination, election to reenter, waiver, and construction
- Best exam move
- Do not treat every restrictive sentence as a title-ending condition.
- Topic
- Restrictive covenants
- What to know
- Promise concerning land, intent, notice, writing, touch and concern concepts, privity, benefit and burden, successors, damages, injunction, and equitable enforcement
- Best exam move
- Determine whether the promise is enforceable against this owner by this claimant.
- Topic
- Subdivision declarations and CC&Rs
- What to know
- Common scheme, lots, use limits, assessments, maintenance, common areas, architectural review, leasing, signs, vehicles, pets, amendment, duration, enforcement, and declarant rights
- Best exam move
- A recorded declaration can burden each lot and create reciprocal rights.
- Topic
- Condominium declaration
- What to know
- Units, common elements, limited common elements, ownership percentages, use, maintenance, insurance, assessments, voting, amendments, expansion, termination, and plat
- Best exam move
- Separate ownership of the unit from the undivided common-element interest.
- Topic
- Common-interest association governance
- What to know
- Association powers, board authority, member rights, meetings, budgets, reserves, records, elections, notices, rules, fines, collections, liens, and statutory limits
- Best exam move
- Confirm that the board acted within law and the declaration rather than assuming any rule is valid.
- Topic
- Document hierarchy
- What to know
- Federal and state law, local ordinance, declaration, condominium plat, articles, bylaws, rules, policies, resolutions, contracts, and conflict resolution
- Best exam move
- A lower-level rule cannot ordinarily contradict controlling law or the declaration.
- Topic
- Architectural and use controls
- What to know
- Application, standards, committee authority, exterior changes, fences, landscaping, solar equipment, flags, signs, parking, short-term rental, pets, home business, decision, appeal, and selective enforcement
- Best exam move
- Look for authority, objective criteria, required procedure, and consistent enforcement.
- Topic
- Assessments and liens
- What to know
- Regular assessment, special assessment, allocation, budget, notice, due date, delinquency, interest, late charges, lien, priority, collection, foreclosure, waiver, and payoff
- Best exam move
- An association assessment is private; a municipal special assessment is governmental.
- Topic
- Enforcement and defenses
- What to know
- Standing, notice, injunction, damages, fines, self-help limits, lien, attorney fees, waiver, abandonment, acquiescence, laches, estoppel, unclean hands, changed conditions, and reasonableness
- Best exam move
- The remedy depends on the right, the breach, the claimant, and available defenses.
- Topic
- Amendment, release, and termination
- What to know
- Voting threshold, owner and lender consent, declarant rights, written amendment, recording, expiration, renewal, release, merger, changed circumstances, statutory procedure, and title update
- Best exam move
- A private restriction does not disappear because one owner ignores it.
- Topic
- Fair housing and transaction due diligence
- What to know
- Unenforceable discriminatory language, protected classes, reasonable accommodation, reasonable modification, objective rules, association disclosures, budgets, reserves, litigation, insurance, violations, contract review, and attorney referral
- Best exam move
- No private document authorizes unlawful discrimination or substitutes for buyer review.
Which distinctions produce the most mistakes?
- Terms
- Public vs. private control
- Difference
- Government creates public controls through law. Owners, developers, and associations create private controls through instruments and governance documents.
- Question cue
- Ordinance or code versus deed or declaration.
- Terms
- Covenant vs. condition
- Difference
- Breach of covenant commonly supports damages or injunction. Breach of a true deed condition can affect the estate under the creating language.
- Question cue
- Promise remedy versus possible title consequence.
- Terms
- Restriction vs. easement
- Difference
- A restriction limits use. An easement gives a nonpossessory right to use another's land for a stated purpose.
- Question cue
- Do not do versus right to use.
- Terms
- Declaration vs. bylaws
- Difference
- The recorded declaration creates the property regime and core covenants. Bylaws primarily govern association organization and procedure.
- Question cue
- Land obligations versus internal governance.
- Terms
- Bylaws vs. board rules
- Difference
- Bylaws set governance procedures under the declaration and law. Board rules implement authorized details and sit lower in the hierarchy.
- Question cue
- Organizational framework versus operating rule.
- Terms
- Common element vs. limited common element
- Difference
- Common elements serve ownership generally. Limited common elements are allocated for exclusive or limited use by specified units while remaining common property.
- Question cue
- All units versus designated unit users.
- Terms
- Regular vs. special association assessment
- Difference
- Regular assessments fund recurring budgeted obligations. Special assessments fund additional needs under governing approval rules.
- Question cue
- Ongoing budget versus additional charge.
- Terms
- Association assessment vs. municipal special assessment
- Difference
- An association charge arises from private governance documents. A municipal assessment arises under public authority for a qualifying improvement.
- Question cue
- HOA invoice versus government levy.
- Terms
- Waiver vs. amendment
- Difference
- Waiver concerns whether a right was surrendered or enforcement undermined in a situation. Amendment formally changes the governing document under its procedure.
- Question cue
- Enforcement defense versus recorded rule change.
How should you analyze a private-control question?
- Identify the source: deed, declaration, plat, covenant, condominium statute, bylaws, rule, architectural standard, or contract.
- Read the exact restriction, property description, duration, amendment terms, and recording information.
- Determine who holds the benefit, who bears the burden, what notice exists, and whether the claimant has standing.
- Place the document in the hierarchy and test it against controlling statutes, public policy, fair housing law, and higher documents.
- Match the violation to an authorized remedy such as injunction, damages, fine, assessment lien, or other relief.
- Check waiver, abandonment, changed conditions, laches, estoppel, selective enforcement, and procedural defenses.
- In a transaction, obtain current documents and status information before the contract deadline and refer legal conclusions to counsel.
- Document
- Deed restriction
- Primary function
- Limits a conveyed parcel
- Exam anchor
- Read exact granting instrument
- Document
- Declaration or CC&Rs
- Primary function
- Creates development-wide regime
- Exam anchor
- Runs across lots or units
- Document
- Condominium plat
- Primary function
- Depicts units and common elements
- Exam anchor
- Physical and legal boundaries
- Document
- Bylaws
- Primary function
- Govern association procedure
- Exam anchor
- Meetings, elections, officers
- Document
- Board rules
- Primary function
- Implement authorized operations
- Exam anchor
- Must fit higher documents
- Document
- Architectural standards
- Primary function
- Guide exterior changes
- Exam anchor
- Application and approval
How do the rules work in scenarios?
Zoning allows, covenant prohibits
Scenario: Local zoning permits a detached garage, but a recorded subdivision declaration prohibits detached accessory buildings.
- Zoning and the declaration come from independent sources.
- Government permission does not release a private restriction.
- The owner must address both controls before building.
Answer: The zoning allowance does not override the enforceable covenant.
Rule conflicts with declaration
Scenario: A board rule purports to eliminate a use right expressly granted to every unit owner by the recorded declaration.
- The declaration sits above an ordinary board rule.
- Board authority must come from law and the governing documents.
- A lower-level rule cannot simply contradict a superior right.
Answer: The rule is vulnerable unless the declaration is properly amended or controlling law provides authority.
Architectural denial
Scenario: An association denies one owner's fence despite approving materially identical fences for several neighboring owners under the same written standard.
- The association may have architectural authority.
- Inconsistent treatment raises selective-enforcement and reasonableness issues.
- The decision and appeal procedure should be documented.
Answer: Authority alone does not end the analysis; consistent standards and proper process matter.
Historical discriminatory covenant
Scenario: An old deed contains a racial occupancy restriction, and a neighbor claims it still blocks a sale.
- Private record language does not create a lawful right to discriminate.
- Courts cannot enforce racial covenants.
- Current fair housing law independently prohibits discriminatory conduct.
Answer: The restriction is unenforceable and cannot lawfully prevent the sale.
What are the common exam traps?
- Trap
- Zoning approval cancels a deed restriction.
- Correction
- Public and private controls operate independently.
- Trap
- Every restriction is an easement.
- Correction
- A restriction limits use; an easement grants a use right.
- Trap
- Any covenant breach automatically ends title.
- Correction
- Covenant remedies commonly include damages or injunction, not automatic forfeiture.
- Trap
- A board rule outranks the declaration.
- Correction
- Rules must be authorized and consistent with superior documents and law.
- Trap
- Limited common elements belong solely to one unit owner.
- Correction
- They remain common elements allocated for limited use as the declaration provides.
- Trap
- Association assessments are property taxes.
- Correction
- They are private obligations, even though authorized liens can secure them.
- Trap
- Selective nonenforcement automatically amends a declaration.
- Correction
- Waiver or abandonment may become a defense, but formal amendment follows its stated procedure.
- Trap
- A discriminatory covenant is valid because it is recorded.
- Correction
- Recording does not make unlawful discrimination enforceable.
- Trap
- The seller's summary replaces the governing documents.
- Correction
- Buyers should review the current declaration, bylaws, rules, finances, and required disclosures.
- Trap
- A broker should interpret ambiguous covenant enforceability.
- Correction
- The broker identifies documents and facts, while legal interpretation belongs with counsel.
Can you answer these original practice questions?
These questions are original study items aligned to the published outline. They are not copied, recalled, or predicted PSI questions.
1. Which document most commonly creates development-wide covenants affecting subdivision lots?
- Building permit
- Recorded declaration
- Tax bill
- Zoning map alone
Show answer and explanation
Answer: B
A recorded declaration or CC&Rs can create reciprocal restrictions and association rights across a development.
2. What remedy is commonly associated with enforcing a restrictive covenant?
- Escheat
- Injunction
- Eminent domain
- Tax equalization
Show answer and explanation
Answer: B
Equitable enforcement often seeks an injunction stopping or correcting the prohibited use.
3. Local zoning allows short-term rentals, but an enforceable declaration prohibits them. What is the result?
- Zoning erases the declaration
- The private prohibition may still control the owner
- The declaration rezones the parcel
- The association becomes a government agency
Show answer and explanation
Answer: B
Government permission does not cancel a stricter enforceable private restriction.
4. Which document primarily governs association meetings and officer procedures?
- Bylaws
- Flood map
- Warranty deed
- Building code
Show answer and explanation
Answer: A
Bylaws typically establish internal association governance, subject to law and the declaration.
5. What is the correct treatment of a recorded racial covenant?
- Enforce it until amended
- Use it only for cash sales
- Treat it as unenforceable and follow fair housing law
- Ask the association to select buyers
Show answer and explanation
Answer: C
Courts cannot enforce racial restrictions, and fair housing law prohibits discriminatory sales conduct.
How should you study this area?
- Session
- 1. Source and hierarchy
- Focus
- Law, ordinance, deed, declaration, plat, articles, bylaws, rules, policies, and contracts
- Proof you are ready
- Order eight documents from controlling authority to implementation.
- Session
- 2. Covenants and conditions
- Focus
- Promise, condition, notice, successors, benefit, burden, remedies, and future interests
- Proof you are ready
- Classify ten clauses and state the likely consequence.
- Session
- 3. CC&Rs
- Focus
- Use restrictions, assessments, common areas, architecture, leasing, pets, signs, duration, and amendment
- Proof you are ready
- Audit a sample declaration against twelve issue prompts.
- Session
- 4. Association governance
- Focus
- Board authority, meetings, budgets, reserves, records, rules, fines, assessments, liens, and owner rights
- Proof you are ready
- Match ten board actions to the needed authority.
- Session
- 5. Enforcement
- Focus
- Standing, notice, injunction, damages, lien, waiver, abandonment, laches, estoppel, and selective enforcement
- Proof you are ready
- Choose a remedy or defense in eight scenarios.
- Session
- 6. Transaction review
- Focus
- Disclosure package, finances, insurance, litigation, violations, fair housing, public conflicts, contingencies, and referral
- Proof you are ready
- Score at least 90% and build a buyer document checklist.
Do not count recognition as mastery. Close the notes and explain the rule, apply it to a new fact pattern, and identify why each distractor fails.
Private Controls on Land Use FAQ
What is a private land-use control?
It is a restriction or governance rule created by private parties rather than government. Common examples include deed restrictions, restrictive covenants, subdivision declarations, condominium declarations, CC&Rs, association bylaws, and properly adopted rules.
What does CC&R mean?
CC&R commonly means covenants, conditions, and restrictions. A recorded declaration can create obligations, use limits, maintenance duties, assessment authority, and enforcement rights that affect properties in a development.
What is the difference between a condition and a covenant?
A covenant is a promise concerning land and is commonly enforced through damages or equitable relief. A deed condition can make an estate subject to termination or a future interest if stated requirements and legal rules are met. Courts look to the instrument, not merely its label.
Who enforces a private restriction?
Enforcement may belong to an association, another owner, a declarant, or another party granted rights by the governing instrument and law. Government does not ordinarily enforce a private covenant merely because it is recorded.
Can a private restriction be stricter than zoning?
Yes. Zoning may allow a use that an enforceable covenant prohibits. The owner must comply with both systems, so the more permissive rule does not cancel the more restrictive valid rule.
Can an HOA rule override a declaration?
A rule must be authorized and consistent with controlling law and higher governing documents. The usual hierarchy begins with law, then the recorded declaration, followed by articles and bylaws, with board rules below them, but the particular documents and statute control.
What remedies can enforce a restrictive covenant?
Depending on the instrument and law, remedies can include an injunction, damages, fines, assessment liens, attorney fees, or other authorized relief. A court may consider notice, standing, reasonableness, waiver, abandonment, changed conditions, and equitable defenses.
Are discriminatory deed restrictions enforceable?
No. Government cannot judicially enforce racially restrictive covenants, and federal, state, and local fair housing laws prohibit discrimination. Historical language may remain in old records, but it does not create a lawful right to discriminate.
What should a buyer review before purchasing in an association?
Review the declaration, bylaws, rules, budgets, financial statements, reserves, assessments, pending special assessments, insurance, litigation, meeting records, resale disclosures, use and leasing limits, architectural standards, and any identified violations within the contract period.
Are these questions copied from PSI?
No. Every practice item is original and aligned to the public land-use-controls outline.
Primary sources
- PSI Illinois Candidate Information Booklet dated June 24, 2026
- Illinois Condominium Property Act
- Illinois Common Interest Community Association Act
- Cornell Legal Information Institute, real covenant
- Cornell Legal Information Institute, equitable servitude
- U.S. Department of Housing and Urban Development, Fair Housing Act overview
- U.S. Supreme Court, Shelley v. Kraemer
The current official outline controls the tested scope. Statutes, regulations, and official agency materials control when a general study rule and a jurisdiction-specific rule differ.