Covenant less strict than ODP

I have been told that a covenant can not be less strict than the ODP that the county enforces. From a practical standby point you may not maynot want to be stricter than the county in opinion. My question then, is it legal to have a covenant less strict than the ODP (or LUR) covering the same thing?

Thanks in advance for your reply.

Dale

Harold is correct. An example: county ordnance requires pool fences be locked and built of steel, 6 feet high or more.

your HOA can write a rule that fences can be wood, and must be 5 foot high. Your code is less restrictive.

If an owner built a wooden fence, 5.5 feet high, he would comply with YOUR codes, but the county would still fine him. And, make him rebuild his fence in steel, and add 6 inches.

More or less, a less restrictive code than a higher authority is a waste of ink.

Dale, one would not write the original Declaration to purposely be less restrictive; but from a legal standpoint the Declaration does not have to be more restrictive. The higher order document (ODP) would apply over the Declaration (reread Harold's answer). This has occurred in Colorado when new state statutes were more restrictive than part of the Declaration. The Declaration does not have to be amended, but the state statutes applies.