Can HOA decide when to enforce or not enforce rules & how to enforce conflicting rules?

Our HOA rules, regulations & restrictions state clearly state that we are permitted to have tenants. On the other hand, the same documents state that we can't operate a business from our homes.

Renting or leasing a home in parts in whole or in parts to tenants would be a 'business' operating from the home. Under some contract, payments are made. Thus, it is a 'business' by definition. How does the HOA enforce conflicting rules like this?

By strict definition, we would not be permitted to operate any 'business.' Technically, that would prohibit operating garage sales, lemonade stands, marketing and re-selling a house, online investing, website development, consulting, etc. That seems not reasonable.

Can the HOA prohibit a member from renting/leasing their home to others, in part or in whole, on the grounds that this would be a 'business' while at the same time allowing for tenants by rule?

Can the HOA prohibit some activities on the grounds that they are a 'business' while allowing other activities, as detailed above, that also are 'businesses' technically? Can the HOA decide when to apply this rule or not, or would that be discrimination? Would the rules and regulations have to be amended to better define what types of businesses may or may not operate from a home?

Thanks in advance for any thoughts on this issue!

Karl, it is only your definition of having tenants is opertating a business from the home. That is obviously incorrect since you also stated the CC&Rs "clearly state we are permitted to have tenants".

You asked "Can the HOA prohibit some activities on the grounds that they are a 'business' while allowing other activities,... " Yes and it is not discrimination unless they apply the stated restriction differently to different members. Following the rules, being consistent the enforcement of rules, and using good business judgement are guidelines to apply.

Karl, don't forget to register your rental (required in Ohio) with the State, this can be done at your local County Registers office.