Difficulty: Medium

Average Score: 72%

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

Rationale

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

Housing developments typically include Covenants, Conditions, and Restrictions (CC & Rs) that govern various aspects of property use and aesthetics, but they cannot impose restrictions based on family size due to anti-discrimination laws and the right to family living arrangements.

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

Restrictions on exterior building materials are common in CC & Rs to maintain a certain aesthetic and property value within the development. Such restrictions are legal and often essential for ensuring that all homes meet a uniform standard, contributing to the overall appearance of the community.

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

Many housing developments include rules regarding the types of animals that can be kept on properties, often to prevent noise, damage, or disturbances. These restrictions are generally permissible as they help maintain a peaceful and pleasant environment for all residents.

C (Restriction on square footage of a home) YOUR ANSWER

Imposing restrictions on the square footage of homes is a common practice in CC & Rs to ensure that homes are of a certain size, promoting uniformity and preventing the construction of disproportionately small or large houses that could affect the neighborhood's character.

D (Restriction on family size) CORRECT

Restrictions based on family size are not permissible under fair housing laws, which protect against discrimination. Such limitations could infringe on the rights of individuals and families, making them illegal and unenforceable in a housing development's CC & Rs.

Conclusion

While CC & Rs can regulate many aspects of property usage and community standards, they must adhere to legal guidelines that protect individual rights. Restrictions on family size are prohibited due to anti-discrimination laws, ensuring families can reside freely in their homes without arbitrary limitations. In contrast, restrictions on building materials, types of animals, and square footage are lawful and help maintain the integrity and appeal of the housing development.

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