Where this fits on the exam
| Official syllabus topic | Land Use Controls and Regulations: Private Land-Use Controls |
|---|---|
| Official PSI area | Land Use Controls and Regulations |
| Published weight | 5% of the national portion |
| Source edition | PSI Georgia Candidate Information Bulletin dated July 1, 2026 |
The Rule
PSI publishes a weight for the complete official area, not a guaranteed count for this individual comparison. Use the source, document, actor, event, and timing stated in the question before applying a memorized definition.
Side-by-side comparison
Read across each row. The terms are deliberately compared on identical dimensions so the difference remains clear when the exam hides the vocabulary inside a scenario.
| Decision dimension | Deed restriction | CC&Rs | HOA bylaws |
|---|---|---|---|
| Primary role | Restricts use of a parcel through recorded title language | Recorded declaration of covenants, conditions, and restrictions for a community | Governs internal association structure and procedure |
| Typical contents | Use, building, transfer, or architectural limitation | Owner obligations, assessments, use rules, enforcement, architectural controls | Meetings, voting, directors, officers, and administration |
| Runs with land | May, if legal requirements are met | Designed to bind covered lots under the declaration | Usually governs membership and entity operations rather than creating every land covenant |
| Enforcement clue | Holder identified by instrument and law | Association or other beneficiaries under declaration | Association governance remedies |
Decision rule
Georgia-specific distinction
Worked example
Scenario. A document states how directors are elected, how meetings are called, and what creates a quorum.
Reason it through. Those rules govern the association's internal organization rather than directly restricting construction on a lot.
Answer. The provisions belong primarily in HOA bylaws.
Common exam traps
- Treating private controls as zoning
- Assuming zoning approval defeats CC&Rs
- Calling every HOA document a deed restriction
- Ignoring the enforcement language
Original practice questions with detailed explanations
These are original instructional questions mapped to the July 1, 2026 PSI outline. They are not copied from PSI or any live examination. Choose an answer before opening the explanation.
Question 1A document sets out how a homeowners association elects directors, how meetings are called, and what counts as a quorum. Where do these rules most likely belong?
- A. The recorded CC&Rs
- B. The HOA bylaws
- C. A deed restriction
- D. The zoning ordinance
Show answer and explanation →
Answer: B. The HOA bylaws
HOA bylaws govern how the association operates internally: elections, meetings, officers, and voting. These rules do not restrict how a lot is used, so they are not land covenants. The CC&Rs are the wrong choice because they also concern the HOA, but they are the recorded declaration that burdens the lots.
- A. Incorrect. A declaration primarily establishes covenants and property obligations. The election, meeting, and quorum functions point more specifically to bylaws.
- B. Correct. Bylaws set the association's internal operating procedures, including director elections, meetings, and quorum.
- C. Incorrect. A deed restriction limits a property's use or ownership rights. These provisions concern association governance instead.
- D. Incorrect. Zoning is a public land-use ordinance. It does not set this private association's internal election procedures.
Question 2A recorded declaration for a subdivision requires every lot owner to pay assessments, obtain architectural approval before building, and follow fence rules. What is this document?
- A. The HOA bylaws
- B. The zoning ordinance
- C. The CC&Rs
- D. An easement agreement
Show answer and explanation →
Answer: C. The CC&Rs
CC&Rs are the recorded community declaration of covenants, conditions, and restrictions, including assessments and architectural controls that bind the covered lots. Bylaws are the wrong answer, but they govern association procedure rather than owner obligations on the land. Zoning is public regulation, not a private recorded declaration.
- A. Incorrect. Bylaws focus on internal governance. This recorded declaration imposes obligations and restrictions on the lots.
- B. Incorrect. A zoning ordinance is enacted by public authority. This is a private community declaration.
- C. Correct. The recorded covenants, conditions, and restrictions impose assessments and architectural and fence controls on covered owners.
- D. Incorrect. An easement grants a defined use right in land. It does not ordinarily serve as the community's full assessment and architectural declaration.
Question 3Local zoning allows six-foot fences, but a recorded subdivision covenant limits fences to four feet. An owner wants to build a six-foot fence. Which statement is accurate?
- A. Zoning overrides the covenant because it is public law
- B. The covenant is void because it conflicts with zoning
- C. The owner may choose whichever rule is less strict
- D. The stricter private covenant can still be enforced
Show answer and explanation →
Answer: D. The stricter private covenant can still be enforced
Private restrictions and zoning operate side by side, and meeting the zoning rule does not cancel a stricter lawful covenant. The owner must satisfy both, so the four-foot limit can be enforced. The plausible error is assuming public zoning always wins over private restrictions.
- A. Incorrect. Zoning permission does not cancel a separate lawful private restriction. An owner may need to satisfy both.
- B. Incorrect. A stricter maximum does not necessarily conflict with zoning permission. A four-foot fence can comply with both rules.
- C. Incorrect. The owner cannot choose the easier limit while ignoring an enforceable covenant. Both applicable requirements must be met.
- D. Correct. A lawful four-foot private limit may still be enforced even though public zoning permits up to six feet.
Ready to move on?
You have this distinction down when all of these are true.
- Define every compared term without using the other term as the definition.
- Rebuild the comparison table from memory.
- State the decision rule and Georgia distinction without notes.
- Solve the worked example after changing one key fact.
- Explain the rule or fact that makes each distractor wrong.
- Answer all three original questions correctly in mixed practice on a later day.
Recommended next lesson
Continue with Market Value Versus Market Price Versus Cost. Next, market value versus market price versus cost switches from rules that limit how a lot is used to three different dollar figures: what a property should sell for, what it did sell for, and what it cost to build.
Return to the complete exam-concept library or the Land Use Controls and Regulations hub.