This is false.

What will actually happen is that your HOA will fine you for putting up a structure that doesn’t meet their guidelines, and you will get a fine for every day that it’s up. The fines won’t stop until you meet your contractual guidelines. The burden will be on you to figure out how to remove a protected species from the property. The nature of the structure is irrelevant to the contract, and you built the structure after agreeing to the rules of the HOA.

This is some sov-cit level shit here.