Which restrictive covenant is typically considered illegal?

The selection of a restrictive covenant that restricts selected parcels within a defined subdivision is often deemed illegal because it can violate fair housing laws and principles of equal property rights. Such covenants can result in discrimination by selectively applying restrictions based on arbitrary criteria, which may unfairly disadvantage certain homeowners while favoring others.

The legality of a restrictive covenant is closely aligned with its ability to promote fairness and equality among all property owners in a given area. When certain parcels are singled out for restrictions, it raises concerns about the potential for discriminatory practices in housing, which are prohibitions under federal and state laws.

Other types of covenants listed, such as those requiring homeowner approval for changes, limiting types of buildings, or dictating house colors, can typically be enforced as long as they meet reasonable standards and do not infringe upon fair housing regulations. They usually serve legitimate purposes in maintaining a certain aesthetic or quality within the community, unlike the selective restrictions that can create inequitable situations among property owners.