Grandfather verses new contruction

For over 8 years the HOA was controlled by our developer. January of 2019 the HOA was turned over to the residents and a board was formed. Immediately the topic of non-compliant issues arose within the board and how to handle them.
A board decision was made to send out a letter to the residents stating that if they had anything that was not compliant that they should submit it with proof that it was approved by the developer. We had an over whelming response. People sent us everything, even if it met the rules. Very well received.
In that letter we also stated that any project submitted after June 1st of 2019 will be reviewed by the architectural committee and the board and will need to follow the CCR's as set forth.
Jump ahead to August 1st, we have a resident that has requested an outdoor shed that is larger than what is stated in our CCR’s. He is stating that he should be allowed to set this building on his property because of non-compliant issues that were grandfathered in. He purchased closed on his house in January, he also received a copy of the CCR’s when he purchased. He openly admitted he did not read the CCR’s but feels it doesn’t matter what they say as he needs this space.
His lot also has the stipulation that they can choose to build a full-on structural garage, but he has stated he does not want to spend the extra amount to build something since this pre-made and delivered shed is cheaper.
Up to this point since the board was elected, we have maintained the CCR’s and roughly 6 sheds have been approved without incident, they have all been to proper size and color matched to the house.
We have tried to communicate with him and offer a resolution that would require some work on his part to gather signatures for a change in the rules, but he flat stated to us that he wants a yes or no answer and it appears his direction is to head to court.
Keep in mind we the board are open to change the CCR’s, but it requires 2/3rds of the owners to provide a signature of approval. We are open to exploring this with our residents, but it will need to be discussed and some stipulations be put in place as to a max size. It maybe based on a percent of lot size. That will need to be determined.
Does he have any legal way to force us to allow this shed?
Do we just say no the CCR’s stand?
Looking for advice and best possible way to resolve this quietly.

Thanks

Russ

Do not let him scare you which it seems at this time, he has.

Stick to your guns.

Yes there are a few that are outside of the limits. Those sheds were put in place under the control of the developer which chose not to in force the rules as good as they should have. Those are the ones that were grandfathered in with proof of approval from the developer and builders. Since the residents have taken over the rules have been enforced.
If we allow this, then where does it stop? Why have an HOA?
We have written proof that he received the CCRs and specifically asked about garages before he signed the contract with the home builder. Then we have proof he signed a document stating he received it at time of closing.

I believe those that out of the gate threaten legal action, are the ones who never follow through. My reply when threatened is: See you in court.

Of course, and just sayin': A long exchange of letters between the HOA attorney and the member's attorney will happen before this ever goes to court.

Maybe more importantly, the cost to the member of hiring an attorney may exceed the cost of building a full-on structural garage. I would have to look at the law in Ohio and the HOA's governing documents, but usually the prevailing party does not win an award of her or his attorney's fees from the losing side. Perhaps a neighbor could make the complaining member aware of all this, and the member can incorporate this dose of reality into his decision-making.

Should the Board enforce the covenants? Yes.

If this issue actually went to court, would the member win? It's possible.

Since the developer, who was running the HOA at the time, chose not to enforce the covenants, an argument can be made that the covenant for the shed size is null and void. However, it would take a court case to determine this.

My advise is similar to others, stick to your guns and if a legal challenged is actually done, worry about it then.