Conflicting HOA and city restrictions

We are in the process of preparing new CC&Rs in readiness for the expiration of our current ones in 2 years. In several instances we plan to be more restrictive than city statutes and codes. For example, the city permits four pets; we'd like to restrict that to three. The city permits overnight street parking; we'd like to prohibit overnight street parking. The city permits home businesses and allows allows 2 client visits per day and the addition of 1 vehicle for business purposes; we'd like to prohibit client visits. Could someone tell me if we'd be able to enforce our CC&Rs in as much as our CC&Rs would be in conflict with our city statutes.

Russ, I'm learning daily about HOA's but restrictions can certainly be different than your citys. Each subdivision may add restrictions to the local county or city, enforcement will be the issue, and I agree once you pass such restrictions, I don't know of a case where they can expire, maybe its just the way they have been written. For example you wouldn't want to say all single family dwellings must be brick only to find out in a year or two that changes. Best of luck

In general, Harold hit the rule of thumb: You can make rules more restrictive than a greater authority, but not less restrictive.

Things to watch for, however, in that rule of thumb are regulations that protect certain classes of people, etc.. For instance, you can restrict pool size to smaller than a county allows, but you cannot restrict WHO gets a pool to a smaller group of people (blue eyed folks only), for example. Granted, restricting to blue eyed people is MORE restrictive than the county, but it would be illegal.