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You are absolutely correct in your suspicions. One, the board serves at the pleasure of the owners; not vice-versa. Two, the board has a fiduciary duty to the homeowner and have a clear conflict of interest here. Three, the board cannot be arbitrary and capricious in their actions. Although a HOA generally has the right to enforce the restrictions in the CC&R's, they cannot unilaterally impose additional restrictions without the vote of owners;a and even where there are valid restrictions, 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. Your board has run afoul of all the foregoing in trying to enforce this restriction.
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