Baby gate on front porch

I like to go outside with my dogs in the morning and have coffee on my front porch. When I do so, I bring a baby gate outside so my dogs can be contained. When I'm done I bring the gate inside. My HOA said I am violating the rules by having a fence. I see a baby gate as a personal item I bring outside with me not as a fence. It is not attached to anything and it does not stay out there for more than an hour or two. The Cc&r's say a lot about construction and approvals of fences but I'm pretty sure they don't mean a foldable baby gate. Meanwhile my neighbor 6 doors down has the IDENTICAL babygate and she keeps hers out 24/7 for all 6 years. When I ask for an explanation I'm told they cannot discuss other neighbors with me. When I argue a baby gate is not what they mean by fencing she changes the charge to "storage--nuisance". When I argue that it's not stored if taken in and out, her response was I will be fined if I do it again and she will not discuss this issue with me any longer. (In other words, she refuses to answer my questions). Please help.

Take pics of the other home you question.

It could be what your containing with the baby gate than the gate itself. People may feel uncomfortable with such a small gate holding back dogs. Which is probably the real issue here. I myself own 3 dogs but would never allow them in the front yard area. My neighbor would do this and it did bother me a bit. Mostly because they were unleashed and often wondered off a bit. Which put the dogs in my yard or toward the road. Not that I did not love the dogs. It's just me and my neighbor did not get along. Their dogs getting onto my property put us at risk of issues.

Mind you these dogs were Pomeranians. One of which did try to bite me once. It doesn't matter the size of the dog but the size of the fear of the dog. We had someone posting here they were uncomfortable with a dog that was in another yard that would look like it was walking towards them. So seeing a baby gate is the only thing holding back the dogs could make a few neighbors nervous.

I would ask her if she has approval from the board to send these violation letters pertaining to the baby gate. I would also talk directly to the board about this. Be polite.

The community manager should be working on behalf of the board, so you really should take this up with them, especially since the last part of your issue sounds like things got heated between you two. When people start raising their voices and clapping back at each other, that's when real problems can start, so try to be cordial but professional (makes the manager look like a real butthole in comparison).

If that letter had any on appeal rights (and it should), use that process and document your efforts (e.g. called the manger on X date and asked how to file an appeal, sent the appeal letter on Y date, etc.)
Attend a board meeting, if necessary, with photos of your neighbor's fence and make an appeal request in person. Hopefully

Kerry, I can't answer that. My neighborhood is so rural and has so few covenants I haven't had to fine anyone, or even send out violation letters.

I guess I could look it up.....

The argument that a baby gate is a fence or storage (especially used temporarily) is just silly unless your CC&Rs define it as such. It sounds to me like she does not like what you are doing and is searching for something in the CC&Rs to justify her decision. The fact that she changed her reason when questioned is evidence of that.

In Texas, if there is not clearly a violation (it is unambiguous) the courts have to rule in favor of the owner. I seem to remember seeing on this forum that AZ has the same rule. Maybe someone from AZ can answer that.

I would politely tell her that you do not believe you are in violation of the CC&Rs but you will be happy to reconsider if she can point to a specific clause that you have violated.

I would not worry yet about the other violation down the street. It's possible she told that owner the same thing and they refused to remove their baby gate. Generally, one or two other owners with the same violation would not be a defense.

I believe we have issued fines without a hearing.

I am not suggesting requesting a hearing. I suggest just attending a meeting (which any owner is entitled to do) and to comment during the comment portion. OP would find out if this letter was board-authorized.

If it was NOT I suspect the community manager would be deeply embarrassed.

What we did was get a contractor to build a gate into our railing where the opening leads to the steps. It looks exactly like the railing only difference is it swings out and locks. Our HOA couldn't do anything about it, but it was a way to keep our dogs confined to the decks. Is that an option for you? Like this:
https://www.google.com/search?q=decks+with+gates+that+are+part+of+the+railing&tbm=isch&tbo=u&source=univ&sa=X&ved=0ahUKEwjthIiAgtPYAhWCUt8KHZdRADIQsAQI-QE&biw=1891&bih=934#imgrc=sZ2WI5zqZgrcXM: