Can the board "Grandfather" somebody in that is breaking a covenant?

This is a touchy situation. I believe the answer is yes. A previous BOD may have given permission/approval for them to build it that way. To me, it means that everyone else should be able too as well, but it's just not the case. I have some buildings that are non compliant in our neighborhood that were given (supposedly) approval by a past BOD. Doesn't mean I have to grant approvals for future buildings that would be built the same. Though I think if it went to court, it would be hard to defend. Fair is fair.

Have you asked for the letter of approval? Or are they just saying it was approved.

I realize this is part of the ongoing battle you have with your HOA. If there was an approval, it should be in writing and should be in the minutes of a meeting.

Good Luck.

Then you answered your own question. If it was not given approval by the previous board, as they suggest, then it's not approved. Does your documents support "grandfathering".

You need to talk to an attorney about this. Take your documents with you.

Bust the BOD.

Are you not the same Jeremy that your fellow owners recalled off the BOD?
Did you not get the hint at that time? You need to find your Sancho Panza.

Yes that's me. They gave me no time to speak and defend myself at the HOA meeting, just lying accusations against me...but let's stay on topic of this grandfather thing please.

That doesn't stop the current board's obligation to enforce the covenant though. Correct?

To answer your initial question: an the board "Grandfather" somebody in that is breaking a covenant?

The answer is probably.

For example, my new home is in a development that specifies within the deed restrictions that garages must be side load only. I have the only home that has a front load garage. Per the Board, I am grandfathered (i.e. they won't enforce the covenants on me) because it's the home the developer built for themselves.

I think others have answered your question sufficiently.

Question for you . . . do you intend to put up a fence, or are you just trying to find various ways to poke and prod the current Board, continuing/exacerbating the feud that is going on between you, them, and your neighbor(s)? If you knew it wouldn't be approved, why waste the time submitting?

If you really want to put up a fence, there are at least a couple reasonable options:
1) Install one that has 2 good sides, completely blocking theirs from your view. Maybe some day since it will be out of sight, it may also be out of mind.
2) Use the same style fence as they do, putting your side panels right up to your property line and face the "good" side out all the way around. Who cares that the "good" side of your fence will be right up against the "bad" side of your neighbor's. I'm not sure why anyone would want the inconsistency of having some "good" side and some "bad" side facing the interior of their lot anyway.

I understand there is a history between you, the Board, and maybe others in the neighborhood; however, you need to decide what sort of future you want for yourself there.

Do you enjoy the chaos that currently exists (regardless of how it came to be), or would you prefer that the chaos stop? I ask because regardless of history, the power is all yours right now to be the bigger person and not retaliate to something the Board does and not initiate anything new. If you stop coming at them, they will stop coming at you . . . otherwise one side or the other will need to involve other authorities to discontinue the harassment, intimidation, or whatever else is going on.

Some things to think about.