Question 29

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

CC&Rs, or Covenants, Conditions, and Restrictions, are regulations imposed by a housing development's governing body. While they can govern a variety of property-related issues, restrictions on family size are generally considered discriminatory and are not permissible under fair housing laws.

A) Restriction on type of exterior building material.

This option is correct as it pertains to the aesthetic and structural integrity of the community. CC&Rs commonly include regulations about building materials to ensure uniformity and maintain property values within the development.

B) Restriction on type of animals kept on property.

Restrictions on the types of animals allowed are frequently included in CC&Rs. These rules help to manage noise, cleanliness, and safety within the community, thus making this option valid within the context of CC&Rs.

C) Restriction on square footage of a house.

This type of restriction is also permissible under CC&Rs. By regulating the minimum or maximum square footage of homes, developers can control the overall character and density of the community, making this a standard practice.

D) Restriction on family size.

This option cannot be included in the CC&Rs because it violates fair housing laws. Such restrictions are discriminatory and can lead to legal issues, as they infringe upon individuals' rights to reside in a community based on family composition.

Conclusion

In summary, while options A, B, and C detail permissible restrictions that can enhance the community's character and compliance, option D is definitively incorrect as it conflicts with fair housing regulations. CC&Rs must adhere to legal standards that protect against discrimination, making the restriction on family size an invalid inclusion.