We were recently cited by the HOA for being in violation of the CCR's after building a new fence. The new fence was not pre-approved by the Architectural Control Committee (ACC). We were confused, as we built a fence that was nearly identical to a number of other fences in the neighborhood. We have approached the other homeowners and found out that: 1) they were also cited by the HOA, and that after meeting with the board 2) they ultimately received a letter from the HOA stating that while the homeowner was not in compliance, the HOA would not pursue further action.
If we are now being cited for the same violation, does that constitute selective enforcement?
By not pursuing action against a homeowner for a particular violation, does that set a precedent by which the violation is now not-enforceable?