CAI Adopts Amendment Process to Remove Discriminatory Restrictive Covenants

Recently, the Board of CAI adopted a new public policy in favor of state legislators adopting legislation to remove discriminatory and unenforceable covenants via a vote of the Board of Directors, as opposed to requiring a vote of the owners.

Amending a community association’s covenants can be a costly and time consuming process that does not always result in the proposed amendment passing. The Fair Housing Act of 1968 prohibits private parties from including discriminatory provisions in residential covenants.

Currently, only California, Maryland, and Missouri have state laws that allow for a community association to remove discriminatory covenants without a vote of the owners.