ACC Violates rules of CCRs

My opinion, which is very much based in law (from a layperson's long reading and involvement in HOA situations):

-- The board has the legal right to override the ACC.

-- For this scenario, the board has the legal obligation to override the ACC.

-- Those using the word "precedent" here do it without any foundation in law whatsoever. It's a colloquialism that they think has application, but it does not. It's not at all relevant to the reasoning that should be employed here.

-- To be blunt, "negate" is also the language of bullsh-tters who do not have a decent understanding of the law of covenants and restrictions.

-- Other legal principles ought to be considered briefly but can be quickly rejected. Ask, and I will expand on "selective enforcement," "abandonment" and "waiver" and why I think they are not applicable.

-- The ACC needs an education.

-- Do not hesitate to pay a HOA attorney to explain what is what here, to the board and ACC.

Thank you for being so complete in your description of the situation. For people who are new here, this is rare.

Please give us the exact wording of your CC&R Section about garage doors being forbidden to face the street. Thanks.

Is there anything in your CC&Rs about "variances." This is when the board or ARC IF it has such authority, to make exceptions, e.g., permit an owner to build such a garage. But those same CC&Rs, perhaps even in the same section will also say that this variance does not apply to every lot, only the one to which the variance was granted, or similar wording.

Form GeorgeN's account, it sounds as if the developer permitted some exception perhaps to sell homes. But once Owner had control of the Board and ACC, no exceptions or variances have been granted.

(Note that there usually is a separate document in HOAs called Rules & Regulations. So it's best to not call CC&R articles or sections "rules.")

GeorgeN also asked if the ACC can be overruled by the Board. Probably. But your CC&Rs or your Bylaws should tell you just how much authority the ACC has. In my HOA and in CA, for instance, the board can override the ACC's decisions. Texas statutes might apply to that question.

I agree.