Violation: Rear Yards Visible from Adjacent Streets

Thank you in advance for reading and responses. I searched for 2 hours and could not find any discussions like this scenario?

History:
- Nevada community of 300+ executive stucco/tile single family homes avg. 3000-4600sq.
- Strictly enforced CCR's like no street parking, no weeds, maintaining front developer provided landscaping and ascetics, backyards to be landscaped with in 12 months, recreational vehicles to be stored in enclosed additional structure(RV garages matching main structure), blah, blah, blah, you get the drift...

2017 ARC Section 13 state (also CCR Section30):, "... owners are responsible to properly and attractively landscape all portions of his front, side and rear yards visible from the streets adjacent to his Lot."

Further, CCR 1(f) (fences) states: "Portions of a Lot full surrounded by a full enclosed structure whose design and materials are first approved by the Committee shall be considered "not visible to others" as used." (BOD authorized HOA funds to receive counsel interpretation for 1(f). Counsel clarified to BOD in private, but in next HOA open meeting the BOD declined to tell the HO counsels interpretation. BOD stated counsel was private to BOD, to not share with HO...) QUESTION 1: Is that acceptable for BOD to receive attorney client privilege with HOA funds?

So, HO rear Lots could be visible to Shaq and even Danny Devito from adjacent streets, thus some HO could then be in violation for weeds, unapproved rock color or whatever, where flatter HO Lots fly under the radar.
QUESTION 2: Are flat Lots exempt and sloped backyards open to this scrutiny?

No, all back yards need to be either well kept or fenced. Chose one.

Dave,

Life isn't fair.

What you described is how your Board has chosen to act.

Therefore, in reality, your options are:

1) Live with it(which can include grumbling or not).
2) Gather support and vote individuals (perhaps you) onto the Board that will act differently
3) Challenge the boards actions through the courts (but talk with an attorney first)
4) Move

Finding others on the internet who agree with you or disagree with you isn't going to change your options.

TimB4, MarkM31,

Thank you for your input. I'm not one with a sloping lot. But since I've joined the ARC, I better understand issues I'm faced with others: "visible," from adjacent streets, opinions/interpretations, counsel, courts. Again, thanks.

You don't need opinions.

Simply follow your governing documents which specify (per your citation):

Portions of a Lot full surrounded by a full enclosed structure whose design and materials are first approved by the Committee shall be considered "not visible to others".

Hence, if the lot is fenced, it's considered not seen.
Use that section of the governing documents as your basis for not finding violations and explain that if the Board (or other committee members) desire the yards receive violations, explain that they will need to amend the governing documents or obtain a legal opinion on that section.