Is there a statue of limitations?

This is the second time for this question because now we have another issue.
New guy moved in the neighborhood and is demanding that his next door
neighbor remove his Rail Road Tie retaining wall because he considers it an
eyesore. Our covenants are vague and state that if something is an eyesore
it should be removed. No one else thinks it's an eyesore and it's been there
for two years without a single complaint until now.

Our question, Legally, can the old homeowner be made
to remove the retaining wall after it's been in place for 2 years? Is there
a statue of limitations-something that says if a wall or shed or driveway
has been in place for X amount of months without complaints, it stays and
the home owner cannot be forced to remove it? We'd like to have some kind
of legal statue of limitations to show the new guy. Actually, if it were
removed at this point, it would cause damage to the property.

It always amazes me how some of these CCRs are written. What is an eyesore? I might think it one thing and you another. Has the board defined the term? If not, methinks it's about time they do! Frankly it's up the the A/C to determine if this wall is in violation of the A/C guidelines. And it's up to the BOD to determine if it's an eyesore. Forget about how long it's been up -- if the BOD and A/C don't have a problem with it then there IS no problem, right?

CjH: Your question cannot really be answered simply because you have not posted enough info. Did the owner with the retaining wall receive approval at construction 2 yrs. ago? Who determines an 'eyesore'? What do your documents state?

In the end, the 'neighbor' made the decision to move to a neighborhood with
a retaining wall next door to the unit he agreed to occupy. It was there before he was and without incident.