Notwithstanding the presumption of enforceability, there are plenty of reasons why an individual covenant or restriction might be unenforceable. The reasons most commonly cited by courts are: Procedurally flawed enactment; substantive invalidity; violation of rights of homeowners, or inconsistent, arbitrary, or capricious enforcement. Any one of these flaws can render a covenant effectively void. One flawed covenant won’t necessarily invalidate the rest of a community’s declaration—and sometimes courts will interpret a questionable covenant in a manner that permits enforcement—but, for the most part, a covenant that fails any of these criteria will be unenforceable.
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