Selective enforcement new and old violations?

Selective enforcement seems like a popular topic so here's my problem to ponder...

Our CC&R's state no metal fences are allowed, there's not ambiguity it's very clear. I know of one very prominent example of a metal fence in the neighborhood which has never been addressed by any previous boards. A new metal fence was just put up and a board member was furious and started the violation process.. The inspectors that's driving our neighborhood would very likely never have seen this fence as you have a very small angle of visibility into the back yard to see the fence. Once the violation was started the inspector then sends a message to the board ab out the other violation that is obvious and asked if this should be a violation as well? The board said no it's older but now we literally just said hey don't violate that one but violate this new one.

So how does that work? I think of it kind of like the bad debt collection where you don't talk about an old debt as it will reset the clock. I know that probably doesn't apply here but the inspector asking about the other one seems to be what a reasonable person would ask as well and seems like it would be put us in an unfavorable position in court. When I brought this up to the larger board it was received with mixed reactions. I stated if you violate the newly constructed fence you have to address the other. The conversation was well that one is too old and I agree it would be outside the statues so you're unlikely to prevail there. So it feel like it's a no-win situation I believe the majority of the board doesn't believe anyone will bother to sue us but I'm not comfortable with that assumption.

I've proposed asking our attorneys on this and the board is pushing it down on the list of priorities. Meanwhile the hearing for the new fence would be in less than 2 weeks.. Am I too concerned with this. I'd say there's probably only 3 - 5 homes which have a metal fence that would be in violation out of over 450+ homes.

Tim solid advice.

One of the problems of going after long-standing violations is that an HOA can end up grandfathering whatever the item is, with the requirement that the violation is to be cured at some point (eg., upon sale of the home or replacement of the unapproved modification, etc.).

So you're stuck with whatever it is for the time being, and others can wrongly point to it as justification for their own violations.

It can be annoying that homeowners are essentially rewarded for ignoring the rules, but a board has to weigh the costs involved - in terms of possible legal action as well as bad feelings being generated in the community - in actually dealing with a history of violations.

You truly need to pick your battles with this stuff.