Previous allowance of pool in setback not being granted for my house

I am currently building in a neighborhood that in the past has seemingly allowed 2 houses in a row directly next to mine to build a pool in the setbacks that are in violation of the CCRs of the HOA unless a variance was granted. Upon request for approval of a pool to be built in the setback as well, the ACC has said they will not allow it on my property. After speaking with one of the neighbors who owns one of the houses that has a pool as well as a gazebo placed in the setbacks, he said that "the current HOA has been difficult to deal with in the last 3 years and that he wasn't sure how the previous owners were able to build in the setback but maybe the HOA board at the time was less strict on what they enforced. " My question is do a have a right to fight this seeing as a precedent was set that it has been allowed, especially since the house I am building is directly next to 2 other houses that have pools in the setback?

What Douglas said (although he didn't mention the part where you pay for your lawyer).

A cheaper strategy would be to work toward changing the board then build the pool.

Also make sure you are talking about a setback and not an easement.

Welcome to the Forum!!!

I would recommend before taking a stand with your HOA to first check with your Local Planning Department regarding your local ordinances on the situation. Keep in mind the local regulations can change over time which may include setbacks and which can supersede your CCR’s. For example in the past the setback might have been 10’ and the local government now has changed the ordinance to note maybe 20’ setbacks. Sometimes it can be out of the HOA’s hands if they are properly following the laws ... and new laws would not affect past property allowances allowed. You need to be sure what you are asking would be approved by your local government also for your build permit not just the HOA before you pick any battle.