Fair Housing

A South Dakota HOA's governing documents contain a covenant prohibiting sale to persons of certain races. Such a covenant is:

AEnforceable as a valid private agreement between the original parties
BUnenforceable under the Fair Housing Act and the Civil Rights Act of 1866✓ Correct
CEnforceable only by the HOA, not individual homeowners
DValid if recorded before 1968

Explanation

Racially restrictive covenants are unenforceable under both the Fair Housing Act and the Civil Rights Act of 1866 (42 U.S.

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