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“I think the problem here is that your board failed to follow proper procedures and instead took a shortcut. If they want to go against the CC&R’s, then they should take the proper steps to amend them first.”
I disagree that it is the board’s responsibility to amend the CC&Rs. If homeowners are having problems with the covenants and restrictions, they should initiate the change themselves. Most associations won’t allow amendments without approval from a majority of members.