Is this fence in violation of covenants?

http://i.imgur.com/3JLSriu.jpg

Our covenants say 6 feet fence is allowed (the fence on the right in picture).
The one on the left is 7.5-8 feet tall because it's built on a deck.

1) Is this fence in violation of covenants?

2) Regarding a DIFFERENT fence than pictured, somebody built their fence so it goes from the back yard up to the front corners of the house. Is that allowed? No board member is aware what this part means: "No fence or wall shall extend beyond the front setback, or front and side setback line on any corner lot."

Covenants say:

Section 13. Fences.

All fences and walls must be approved by the ACC as to location, size and materials. Walls, fences, copings, or boundary plantings may not be constructed or maintained in such a manner to interfere with the vision of drivers at any intersection of streets or roads. Fences may be constructed on side boundary lines, and rear boundary lines, but if constructed in a Utility Easement, the fence must be removable to allow utility repairs. No fence or wall shall extend beyond the front setback, or front and side setback line on any corner lot. No fence or wall greater than six (6) feet in height is permitted.

A fence from the front corners of the house going back should be allowed by this verbiage. To find out where the setbacks are, you would need to look at the subdivision plat or a survey of the property, the setbacks should be identified there. For example, if the front set back of the property is 20 feet, nothing should be built (including the house) within 20 feet of the front property line. In this example, if the front of the house was 25 feet from the property line, the fence could conceivably be 5 feet in front of the house and still within the setback.

How tall is it from the deck up?

Well, if it's six feet up then, based on your citation, yes it's a violation.
You knew that.

Now, if they had requested and received approval for the fence, it will likely cost the Association money to fix it. This is because the member acted in good faith, received approval and spent the money prior to someone saying Oops, we were wrong, you can't have that fence. If that occurred, the Association may be purchasing a new fence for the member.

This is why, in another thread, I said it's an easy fix. A simple letter specifying that when the fence is replaced it must comply.

The home builder actually built the fence in violation, then gave the house buyer a small discount so they could get the fence fixed. Although it hasn't been fixed. The builder was the declarant/had control of the HOA when it was built, it wasn't turned over to the residents yet then.

Nope...they're across the street and 3 houses down from me. In the picture, the house on the right with the 6 ft fence complained to me about their neighbor having the tall fence. Since I'm on the board...I'm trying my best to have it enforced even though 4 board members voted that it's okay as is.

The house is on a slight incline, part of the deck is in fact level with the house, and the fence is in fact 6'. There would be no other way to build that fence without it looking ridiculous.
In my opinion, the home owner did nothing wrong. Get over it.

I agree in general that the fence is small potatoes and probably not worth the neighborhood fight. However, by your logic anyone with a house on a slope could build a fence level with their house no matter than run. IE They could build a 20 foot tall fence in the backyard to keep it level with the house if there's a 14 drop at the back of their lot.