Can HOA Create a Rule more Restrictive than CC&Rs?

I am having an issue with my HOA. I apologize if this has been previously discussed, I've been searching and found similar topics but with significant differences.

The CCR’s do not have any rental restrictions at all but do say “An owner may lease the dwelling on his lot.” They then follow to also say that any tenant must abide by the community documents. CC&Rs don’t mention that rental restrictions can be added by the board later.

2 years ago, to be safe, I emailed the president of the HOA and asked if there would be any issues with transitioning my rental to a furnished corporate/short term. He responded that there are no “restrictions on actually renting the home”. So I furnished it and now offer it short term.
At the beginning of this year, the board implemented a new rule on leasing saying that the minimum rental period is now 30 days. They also let me know that I would be fined $100 a day until I had a 30 day lease submitted to them.

Of course litigation is an option but could be costly. I asked to be grandfathered in and they responded negatively via a long letter from their lawyer. I’ve read that a board can’t add a rule more restrictive than the CCRs but can’t find a solid source to share. Any thoughts or suggestions would be greatly appreciated. I tried to follow the rules and even emailed the CEO of the HOA. Not sure what I could have done differently.

Thanks for your help.

First, does the city or county zoning where you are permit such a rental arrangement? Second, the citation would likely be to case law for HOAs. If Oklahoma does not have an appeals court case that is on point, then this would be a 'case of first impression,' and the attorneys involved will cite the case law from other states. From my reading, the law is on your side. HOAs cannot generally create a rule that is more restrictive than the covenant on which the rule is based. Doing so goes against the contractual agreement that the covenants denote. Also, lacking anything specific in the CC&Rs on the point, the courts err on the side of an owner's general right to "free enjoyment of the property."

Thanks for the responses. I called the City before I did anything and they said there were no issues.

I have looked at Oklahoma Case law and don’t find anything very similar. I did find case law that appears to be on my side from another state – Illinois:

https://law.justia.com/cases/illinois/court-of-appeals-first-appellate-district/2016/1-14-1427.html

This language was found in an HOA in Edmund, OK

4. Leasing of Lots. "Leasing," for purposes of this Paragraph, is defined as regular exclusive occupancy of
a Lot by any person, other than the Owner for which the Owner receives any consideration or benefit, including,
but not limited to, a fee, service, gratuity, emolument. All leases shall be in writing. The Board may require a
minimum lease term Notice of any lease, together with such additional information as may be required by the Board
shall be given to the Board by the Lot Owner within 10 days of execution of the lease. The Owner must make
available to the lessee copies of the Declaration, Bylaws, and the Restrictions and Rules.

This type of language will allow a Board to enact rules that set minimum time limits for a lease.

Many CCRs have language that says the Board may enact Parking Rules, which can be anything they want as long as they are deemed fair and reasonable.

Thanks for all the detailed feedback. Very helpful and appreciated.

The CC&R's do clearly give the board authority to make rules but they don't specify the ability to add restrictions for home leases...

There are some restrictions that the CCRs grant explicit authority to add restrictions for such as their restriction on pets (type, size, number) and noise so seems the writers understood that the CCRs would need to grant the ability if desired...feeling pretty good about my odds.