Fence

2 years ago we submitted approval for a 5 foot aluminum fence. Our neighbor has a 5 foot aluminum fence and was here before we were. We are a new neighborhood. Deed restrictions say we are allowed a 4 foot fence. Originally the restrictions were a wooden split rail only, unless you had a pool and then you could have 5 foot aluminum. Later it waas amended saying you could have 4 foot aluminum regardless. It also says if you are tying into a neighbors fence, it must be of the same height so it is asthetically pleasing to the neighborhood. Thus we submitted approval for a 5 ft fence to comply. We got a letter of conditional approval as long as we met the requirements. We proceeded with the fence. Now 2 years later we are told we must tear it down because it is not 4 feet. Just found this out today. Don't understand since the neighbors we tied into have 5 foot. Everyone with a pool as 5 foot. Another neighbor across the street has a 5 foot as well.

Do you still have your conditional approval? Honestly, if the HOA did not raise a concern immediately after the fence was installed
they can't come back years later and say you need to take it down. You fence should have a protected variance.

Simply point out, politely, that you did receive approval and complied with the guidelines.
Cite the guidelines (same height as neighbor).
Provide pictures.

Wait for reply.

If reply still specifies that you must tear it down and replace, ask for damages as you would not have complied had the Association not given approval.

NOTE: Hopefully you still have a copy of the approval IN WRITING.