Question 44

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

Restrictions on family size are generally considered discriminatory and violate fair housing laws. Such restrictions would be inappropriate within the context of Covenants, Conditions, and Restrictions (CC & Rs) for a housing development.

A) Restriction on type of exterior building material

This option is a common type of restriction found in CC & Rs. Developers often impose guidelines regarding exterior materials to maintain a certain aesthetic and ensure uniformity throughout the development, making this option valid.

B) Restriction on type of animals kept on property

Restrictions on the types of animals allowed on a property are also frequently included in CC & Rs. Such restrictions help manage noise, property damage, and potential nuisances, thus making this option acceptable in the context of housing developments.

C) Restriction on square footage of a home

Regulations that dictate the minimum or maximum square footage of homes are commonly established in CC & Rs to preserve property values and maintain a certain standard within the community. This option is valid and reinforces the regulatory framework of housing developments.

D) Restriction on family size

Restrictions on family size are not permissible as they can lead to discrimination and violate fair housing laws. Such limitations do not pertain to property aesthetics or management and are therefore inappropriate to include in CC & Rs.

Conclusion

The correct answer is D, as restrictions on family size are discriminatory and not legally enforceable under fair housing regulations. In contrast, the other options (A, B, and C) reflect legitimate concerns related to property aesthetics and community standards, making them appropriate for inclusion in CC & Rs.