Lost ARC files

A local HOA says they do a complainance review of a property when it goes up for sale. (Is that SOP?) Before this owner can sell, they are attempting to force him to remove a sidewalk running from the driveway to the back yard, that he says was installed by the previous owner. (We're talking 7-8 years ago.) The HOA will not admit they were either never given or have lost the ARC files from when the Builder controlled the HOA, but that fact is known by a few people, so they have no way of knowing if it had been approved by the builder. Nevertheless, they want him to tear out that sidewalk. He refuses and says it is the HOA's problem to prove it was never approved and since they lost those files, there is no way they can be certain that it had not been approved by the builder.
Your thoughts, please on this situation. And do other HOAs do a complainance review when a property goes up for sale? Harold

Thanks Roger. I agree. What is your feeling about lost ARC files? Who has the burden of proof that permission was ever granted or not? Especially for a second owner who probably doesn't have the original documents either. I'm thinking now that it is a good idea to give your HOA file to a new owner, but I wonder how many people do that. Harold

Harold, it is my understanding that in Colorado if a modification has been known for over 1 year the association would lose at court. However, I have no knowledge of an appealate court case which confirms this. ARC files are often misplaced or lost when homeowners handle ARC matters. As an owner I think it is best to keep all approvals in case the association challenges a change since their records can be misplaced or lost.