Can HOAs force homeowners to do something that is not in the CC&Rs?

QUESTION: Can an HOA force a homeowner to do something that is not in the CC&Rs??

ANSWER: The Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) constitutes a contract between the association and its homeowners. Thus, homeowners are typically contractually obligated to comply with express provisions of the CC&Rs so long as it does not violate the law or is no longer enforceable. HOAs may impose reasonable rules on members when impliedly authorized by the CC&Rs. For example, CC&Rs in the ABC HOA grants it a general power to promulgate rules to preserve the aesthetic beauty of the community. Under these facts and circumstances, ABC HOA …

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