Fair Housing

In South Dakota, which statement about HOA deed restrictions and fair housing is TRUE?

AHOAs may enforce any deed restriction they choose without fair housing concern
BHOAs must comply with fair housing law; restrictions that discriminate based on protected classes are unenforceable✓ Correct
CFair housing only applies to rental properties, not owner-occupied HOA communities
DHOAs are completely exempt from fair housing since they are private organizations

Explanation

HOAs must comply with the Fair Housing Act. Deed restrictions that discriminate based on protected class characteristics are unenforceable. HOAs, like all housing providers, are subject to fair housing law.

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