HOA CC&Rs state only solid board, shadow board of other attractive wood fencing are allowed. However when the association was under declarant (builder) control as well as 2 homeowner controlled board of directors there were several homes that approval was given for vinyl fences. The current board however is strictly enforcing the CC&R's. Since vinyl fences were approved under both the declarant as well as homeowner boards is the current board within their rights to not allow since a precedent had previously been set.
I'm not licensed in VA, but here in FL a board that has failed to enforce restrictions may be ably to "grandfather in" past improper fences and start enforcement. They need to see if the people who violated had any grounds to justify their violations and i fnot consider enforcement. The facts are vital and a definite conclusion can't be reached here.
I am only admitted to practice in Florida so my answers in other states are based on 35 years of experience in this field and are not legal advice. This reply does not create the attorney client relationship, which only occurs upon execution of a fee agreement with our firm. Please do not contact us for followup advice on these general observations.
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