When CC&R's conflict with current zoning, who wins?
We (family) own a piece of land at the beginning of a housing development. At some point the county made changes to their zoning maps and they changed our property to multi family residential from single family (when we bought it, it was zoned multi family). There is already an existing apartment complex basically next door to us, so the change is not necessarily unwarranted. Now, we're planning on building units on the land.
The neighbors are pissed. They are saying that the building would be in violation of the CC&R's that exist. The CCR's state that an owner is allowed to use his land in accordance with the zoning. However it also states that no owner is allowed to build anything other than a single family residence on the property (thus a contradiction). Obviously the CCR's were written before the zoning changed and didn't take that into account.
So, do the CCR's supercede current zoning? And could the neighbors stop us from building our apartments based on the CCR's?