A restriction, covenant, or condition, that
prohibits or limits the conveyance, encumbrance, rental, occupancy, or use of
real property on the basis of race, color, national origin, religion, sex,
familial status, or prohibits maintaining a trained guide
dog or assistance animal because the individual is blind, deaf or has a
physical disability, is void and has no legal effect, except a limitation of
use for religious purposes as permitted under the Federal Fair Housing Act or
state law.
CORRECTIVE ACTIONS BY AMENDMENT
(a) A homeowners' or property owners'
association, cooperative corporation, condominium association, or planned
community acting through a majority vote of its full board membership, may
amend the association's governing documents for the purpose of removing any
restriction, covenant, or condition, that prohibits or limits the conveyance,
encumbrance, rental, occupancy, or use of real property on the basis of race,
color, national origin, religion, sex, familial status or maintains a trained
guide dog or assistance animal because the individual has a disability
recognized under the Fair Housing Act (42 U.S.C. 3601 et seq. or [insert
citation to state anti-discrimination law].
(b) If the board of a homeowners' or
property owners' association, condominium association, or planned community,
receives a written request by a member of the association that the board
exercise its amending authority under subsection (a), the board shall, within a
reasonable time not to exceed 90 days, investigate any claim of an
unenforceable covenant and if determined to be unlawfully discriminatory shall
cause the provision to be removed, as provided under this section.
(c) Removal of a restriction, covenant, or
condition pursuant to subparagraphs (a) or (b) above will not require approval
of the owners, notwithstanding any provision of the governing documents to the
contrary.
(d) An amendment under subsection (a) may
be executed by any board officer.
PROPERTY DEED CHANGE
(a)
If a deed or other instrument contains a provision that is prohibited as
discriminatory under state or federal law, the owner, occupant, or tenant of
the property that is subject to the provision or any member of the board of a
homeowners' or property owners' association that would have a right to enforce
such a provision may bring an action in the [insert court having jurisdiction] to
have the provision stricken from the records of the register of deeds.
(b) An action under this section must be
brought as an in rem, declaratory judgment action and the title of the action
must include a description of the property. The owners of record of the
property or any part of the property described in a deed containing an unlawful
discriminatory provision are necessary parties to the action.
(c) If the court finds that any provisions
of the deed or instrument are prohibited under this act, it shall enter an
order striking the provisions from the records of the public recording office
and direct that the order striking the provisions be notated on the deed or other instrument for the property
described.
(d) Any reversionary clauses or other
provisions intended to penalize the violation of a discriminatory provision in
a deed or other instrument that is authorized to be removed under this law
shall be void and unenforceable.