Can an unapproved tree be let stand but permanently disapproved?

I’m president of a self-run, owner controlled HOA for 75 homes (45 town homes and 30 semi-attached).

A new owner planted a front lawn tree without requesting approval. When informed, he apologized for not knowing the requirement and submitted a request. The Board reviewed it and decided that the tree was not in conformity (different species) with the other front lawn trees in the development. We disapproved it and requested it be removed.

The owner didn’t think the tree should be removed so the Board offered a meeting with him. At the meeting, the owner was of the opinion that the Board can’t require that the tree be in conformity and thus can’t require it be removed. (Our Declaration states that Landscaping Approvals can be based solely on aesthetic reasons.)

Now our self-run Board is trying to decide what to do but is very reluctant to tell a neighbor that it must be removed subject to fines.

At our last meeting the majority of our Board members wanted to let the tree stand, label it as “disapproved”, and tell the owner that since it is “disapproved” he’ll have to remove it to get a resale certificate if and when he sells the property.

Can a Board leave a disapproved item stand with a “permanent disapproval” attached?
It seems to me that any future Board, at any time, could approve the tree including at resale.

Sorry to say but once again a BOD with no balls or maybe only one.

Is this going to be the directive for all other homes in the future? All owners are supposed to be treated equally and if allow for one what happens for others? If allowed now and in future if anyone takes to court ... you will have set a precident and if you are not willing to abide by your documents then you need to amend your documents to allow any items you are not going to enforce.

Thanks to all for the comments.

So it looks like a "disapproval" can be reversed by a later Board but an "approval" cannot be reversed by a later Board.

It's my understanding that the current or any future Board may reverse any decision it previously made.

But, for now, how in the world is your Board going to discuss this with the next owner who plants this type or tree? "We aren't going to insist that you take it down, but we 'disapprove' of it." What the heck does that mean in reality??

Seems your Board is not up to the task of making decisions that might make an owner sad or angry. Maybe time to get a new board??