Difficulty: Hard

Average Score: 42%

Which of the following could NOT be included in the CC&Rs for a housing development?

Rationale

Restriction on family size could NOT be included in the CC&Rs for a housing development.

CC&Rs, or Covenants, Conditions, and Restrictions, are legally binding rules established by a housing development's governing body to maintain property values and community standards. However, restrictions on family size may violate fair housing laws, which prohibit discrimination based on familial status.

A (Restriction on type of exterior building material.) YOUR ANSWER

This type of restriction is common in CC&Rs to ensure that homes maintain a certain aesthetic and architectural consistency within the development. Such regulations help preserve property values and community appeal, making them perfectly acceptable within CC&Rs.

B (Restriction on type of animals kept on property.) YOUR ANSWER

CC&Rs often include provisions regarding the types of animals that residents may keep, typically aimed at preserving the community's peace and cleanliness. These restrictions are enforceable and serve to prevent issues that could arise from pet ownership, such as noise or damage.

C (Restriction on square footage of a house.) YOUR ANSWER

A square footage restriction is a common provision in CC&Rs designed to ensure that homes are of a certain size, promoting uniformity and preventing overcrowding. This type of regulation is legally permissible and often implemented to maintain the character of the development.

D (Restriction on family size.) CORRECT

Restrictions on family size are generally considered discriminatory and are prohibited under the Fair Housing Act. Such limitations could unfairly target families with children and violate their rights, making this the only option that cannot be legally included in CC&Rs.

Conclusion

CC&Rs serve to regulate various aspects of property ownership and community living, ensuring that residents adhere to standards that promote harmony and property values. While restrictions on building materials, animals, and square footage are acceptable, limitations on family size infringe on federal protections against discrimination, making them unacceptable in any housing development's CC&Rs.

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