My HOA sent me a letter saying that I'm in violation due to the following: "Architectural change without approval- A fence structure built on top of your deck without approval." I bought the house like this 4 years ago. Per their governing documents as cited in the letter, "All exterior changes require prior, written board approval. Additionally, fence structures are not permitted on decks. Decks do not have walls." It's privacy in suburbia where our houses are 12' apart.
They want me to remove by May 18, or they'll fine me $50/day or come remove it at my expense. Their threat of coming onto my property and removing the structure themselves seems quite illegal, in itself.
I called the HOA today and she said that she guarantees there is no paperwork on the wall because "no board member would have ever approved this" and that I am not grandfathered in, that it's now my responsibility to adhere to the rules. What leg do I have to stand on here?
Violation letter: https://i.imgur.com/bT4oNG5.jpg
from the front: https://i.imgur.com/Pbh3fUZ.jpg
here's the wall of the deck: https://i.imgur.com/HkdEDVr.jpg
here's my neighbor's wall, which he removed because he was selling and didn't care to battle: https://i.imgur.com/7BsUa6X.jpg
links to HOA rules: https://www.greentreehoa.com/documents-newsletters-forms/
What should I do? I don't want to comply because a) I really like the wall and b) I'm petty as fuck.
EDIT: rulebook states that a deck railing can not exceed 42" if this is pertinent info...
Written By: AtTheLeftThere
Source: http://bit.ly/2GpECzu
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