Architectual Changes Missed along the Way

Were in Virginia. And we’re currently working on the ARB. The prior MC and ARB have failed to notice some architectural changes in the last few years, and this pertains to homes that are owned by the original owners. IE – One owner replaced their aluminum siding due to a hail storm and then never installed the shutters. The design guidelines specify that all homes have shutters and now the owner is trying to convince the ARB that the builder never originally installed the painted shutters when they purchased the new home. Another Design Guideline says that the shutters and doors much match in color, but another homeowner is insisting that the builder sold the home to him this way. Our previous MC and ARB weren’t very persistent and since a couple years have passed, I’m curious where the burden of proof lies. We have no previous documentation within the property files and we’re currently creating a new digital photo catalogue of all the homes. The POA act of 1978 allows for the MC or HOA to inspect the property at the time that the HOA docs are requested during a pending sale and we would normally catch these changes during this process; however, all these other cases to which I’m referring, involve original owners.

The question is… Can we force the owners to comply with the Design Guidelines and where’s the burden of proof on this?