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The HOA is not going to enforce this against you. First, the Board works for the homeowners and not vice versa; The Board has a fiduciary duty to act in the best interests of the homeowners and if more than half of the homeowners have approved this, then the Board has no right to take a contrary position. Further, although the HOA generally has the right to enforce the restrictions in the CC&R's, there are two circumstances where this right is lost...i) where the restrictions have been ignored in the past, and/or ii) where the restrictions have been selectively enforced. If, in spite of the restrictions in the CC&R's, if there are other instances where the situation exists that should fall within the restriction, then one of the foregoing must have occurred, and thus the HOA cannot then legally enforce the restriction against you.
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