the constitutionality issue addresses the content of the CC&Rs, not the presence of them.  Historically, provisions of CC&Rs have been overturned based on constitutional violations or violations of previously existing local, state or federal laws.  I'm not at all sure regarding their enforcement in the case of a property's "up-zoning", for example, from an "R1 to an R2".  I'm guessing the CC&R would still be enforceable, but I don't know.  Can anyone comment on this and give me an answer?