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​Flowing Stream Townhouse Development's Homeowners' Association Has Adopted a Rule

Question 87

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​Flowing Stream Townhouse Development's homeowners' association has adopted a rule that no owner can sell or lease his or her unit to a Tier 3 registered sex offender. Alice Strom is a Flowing Stream owner who has sold her townhome to a registered Tier 3 sex offender. The homeowners' association board has refused to allow the buyer to move into his townhome and has obtained a court injunction prohibiting his taking occupancy.
-Which of the following factors will the court consider in determining the validity of the rule?


A) Whether such rules will serve to exclude a group of citizens from being able to own a home
B) How long the rule has been in place
C) Whether Alice had actually read the rule
D) Whether the real estate broker in the sale disclosed the rule

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