What is a defining characteristic of declaration restrictions compared to deed restrictions?

The defining characteristic of declaration restrictions compared to deed restrictions is that declaration restrictions cannot be extinguished by a quitclaim deed. This is important because declaration restrictions are typically established through a formal declaration that outlines the conditions and limitations regarding the use of a property, and these restrictions are usually meant to run with the land.

Unlike deed restrictions, which can sometimes be set aside if the property owner conveys the title with a quitclaim deed, declaration restrictions maintain their validity and enforceability regardless of how the property is transferred. This ensures that the intent of the original declaration remains intact over time and continues to govern the use of the property even as ownership changes.

In contrast to other options, declaration restrictions do not inherently have limitations related to the type of properties they apply to, do not necessarily require governmental approval, and their enforcement can vary, so these aspects are not distinguishing factors when comparing them to deed restrictions. Thus, the unique quality of being impervious to termination through a quitclaim deed underscores the enduring nature of declaration restrictions.