129. My HOA Declaration of Covenants states restrictions on people of color, is that valid?

NO –  NOT VALID – your HOA’s restricted discrimination covenant is VOID !

  • Federal  – Title VIII of the Act – the Fair Housing Act, 1968
  • WV Code §36-4-18. Recorded disclaimer of unlawful restrictions.
    “… covenants or restrictions that are based on race, color, religion, ancestry, sex, familial status, blindness, handicap or national origin are invalid and unenforceable …”

Yes, there are exceptions to everything: except as provided in WV Code §5-11A-8. Religious organization or private club exemption.