Unenforceable CC&Rs
Nowadays, CC&Rs (Covenants, Conditions & Restrictions) don't have the kind of power that they used mostly because people aren't as likely to go after their neighbors for breaking the rules, and builders are tending to form HOAs to keep up community standards (see 11/14/06). But there was a time when CC&Rs were actively used not only to maintain uniformity in exterior paint and lawncare, they were also designed to separate people along color lines.
There's an interesting LA Times article out about a lawsuit that helped to end the use of CC&Rs for the purpose of segregation. Thanks to this case and others, prejudicial wording in CC&Rs (except to protect certain groups, such as seniors) are not enforceable even while the language remains as a reminder of a reminder of a painful past.
To read the LA Times article, click on the following link:
LA Times article on landmark case
There's an interesting LA Times article out about a lawsuit that helped to end the use of CC&Rs for the purpose of segregation. Thanks to this case and others, prejudicial wording in CC&Rs (except to protect certain groups, such as seniors) are not enforceable even while the language remains as a reminder of a reminder of a painful past.
To read the LA Times article, click on the following link:
LA Times article on landmark case


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