HOA rules and regulations

Most states now have a review board or ombudsman for HOAs (IE Virginia), but I could not find anything on Delaware.

No they cannot pick and choose which rules to follow. As far as the rule about yard sales is concerned, where in the CCRs is that stated? If it' not addressed specifically in the bylaws and it's just a rule or policy resolution, this should be relatively easy to change by a Board vote and not a community vote.

In the past, my neighbor had a few yard sales for 3 weeks and I could not even get out of my own driveway, nor could a fire truck get truck if there was an emergency. So the board modified the no yard sale policy and adopted the policy listed below

We experienced your same problem (primarily because of the small private streets and lack of parking), so we changed the policy so that they the residents can have yard sales, but it's under specific conditions. In the end, the Board decided to sponsor (at no cost to the resideng), Community Wide, Spring and Fall sales in the common area in front of the pool and since there is plenty of parking that works out pretty well for most folks. The event has become large and very popular.

Now I'm not sure that using the tennis courts was a great idea either. Most tennis courts are prepared with speciality surfaces and they won't even allow folks with street shoes. On a lot of courts, they do not even want you on the surface with basketball shoes - Only Tennis shoes. Usually there are painted, sealed acrylic products that are used on tennis court surfaces.

"422 Garage, Sidewalk, and Yard Sales. [TH B & V] These types of sales are prohibited without the approval of the CC and must comply with the following rules and/or restrictions apply:
422.1 Set-up is permitted only in the Recreation parking area by the pool on xxxx Road. No other area will be considered. That section of xxxx Road under VDOT control is off limits.
422.2 Sales are limited to the hours from 9:00 a.m. through 1:00 p.m. on the first Saturday of the month.
422.3 There is a $35 cash deposit (no checks or credit cards) to cover the cost of any cleanup required. The deposit is refundable at the conclusion of the cleanup.
422.4 An approved Application is required and must be available for inspection by a Board or Committee member at all times during the sale period.
422.5 All material, including signs, must be removed at the conclusion of the sale.
422.6 A signed Application is required and must contain the following:
(a) Name and address of the individual responsible for the sale;
(b) A telephone number where the responsible individual can be reached at any
time during the sale period;
(c) The date and time of the sale;
(d) The number of sellers expected; and,
(e) A $35 cash deposit.
422.7 The applicant is wholly responsible for the sale area. The Association assumes no liability for damage, injury, or other acts not specifically authorized.
422.8 Only one sign advertising the sale is permitted at the entrance of the community. The applicant is responsible for removing the sign at the
conclusion of the sale or forfeits the deposit.
422.8 An Application must be made at least ten (10) working days in advance to permit timely administrative processing. Failure to comply with all requirements will be grounds for an automatic rejection of the Application."

Ours is a gated community so the HOA does not allow garage sales, with the exception of two community sponsored sales every year the first Saturdays of April and October. These sales, however, are NOT held on community property - each resident can choose to have a sale and does it at their own residence.

A volunteer takes registration information, which is not mandatory - it simply gets those having sales on a listing which is given out at our front gate. The HOA puts ads in the local paper and places a banner at the community entrance. It's been very successful.