Let's say an HOA has been very lax in enforcing its CC&Rs in the past. There are restrictions about fencing, but many owners got and received variances in the past and have put up fences that don't comply. There are many people keeping farm animals like alpacas, emus, bulls, pigs, etc. even though all such animals are not allowed.
This has been going on for decades.
What legal construct is it called if and when an HOA starts enforcing these things all of a sudden when the variances were issued for so many others and never were the animals enforced?
Did the HOA set a precedent for itself or open itself up to lawsuits since people are now being treated differently than they have for so many years.
Would a person that's been denied a fence, or denied keeping an animal have any recourse? What if the animals are denied for one person but the next door neighbor has the same animals and has for 10 years?