[quote=CVnewbie]Can the HOA still force us to take it down because our next door neighbor complain about it? We are the homeowner too and how can they protect the interest of one owner over the other? As for the CC&R, the wordings are ambiguous like ‘ include but not limited to’. So potentially we have to get an approval if we want to dig a hole in our yard !!
Just wish I know more about the decision making process of the Hoa board.[/quote]
Each HOA is different, and who is on the board and making decisions impacts how decisions are made. And yes, your CC&R’s are probably vague and open to interpretation. With that in mind, try to meet with the people on the HOA board. Try to diplomatically convince them that you are not in violation. The more they see you as neighbors who care about the community and not faceless entities the more likely they are to be sympathetic to your point of view. Don’t jump to threats or retaliation, but also don’t allow them to see you as a push over.
Also remember that the HOA is not the final authority in this. You do have legal rights. (Although understandably, going the legal route is something you may not want to do)