Update on fence and lawsuit

The judge ruled that the CCR's could not be ammended for xx years, therefore the recent ammenment change is invalid and that the ACC has the right to deny anything for what ever reason. There was a monetary settlement and the HUD case will not be included in this settlement. So I guess it's on to HUD/FHA investigation next. I saw the article on the home page which prompted me to post the update. I appreciate the information I gather here, thanks!!

HO asked for a 4' vinyl coated chain link fence that was allowed per the CCR's. BOD spent the next 28 days having the material of the fence excluded from the CCR's by having a special meeting and voting to increase the height restriction to 6' and exclude that material. In that time HO sent two letters (one from an attorney) stating this was a reasonable accomadation for a child. A complaint was filed with HUD who is investigating and didn't think the CCR'S could be ammended. Lastly the judge ruled the CCR's could not be amended and the BOD could deny a request for any reason it wanted but that the HOA has a serious issue with the HUD complaint and they need to fix it. Now it's going back to HUD since the judge ruled that the material is allowed (or the change invalid) and the HO has not been given approval for the fence.