Percival P. Cassidy wrote:
In this case there may never have been a HOA: the CC&Rs did not
provide for one.

That would indeed defang any possible restrictions.

Fortunately our HOA is very benign, but also very active. We have
excellent cooperation and support from the residents. AFAICR, there has
only been one difficult situation in the last decade - a homeowner who
chose to ignore a rule about short term rentals (not allowed) and
started to rent their house out by the week during the winter season.
It took a 'lawyer letter' to get that stopped. Fortunately, we have two
lawyers on the board grin.