Condos and HOAs should be careful when creating occupancy restrictions

How many condos and HOAs contain covenants restricting the number of people that can reside in a unit/townhome or house? I have seen many. What is unclear is whether the drafters of these covenants checked the local municipality requirements for occupancy. If not, then there is a potential Fair Housing Act (FHA) violation.
Yesterday the Department of Justice (DOJ) filed a lawsuit in the Middle District of Florida against a townhome HOA in Gibsonton, Florida for violation of the FHA by discriminating against families with children.