what to do?

Hi, I am new here and have a question. Sorry for the length.

We are a small subdivision (53 homes). The board was turned over to us in the beginning of 2005. Just prior, the builder finally got around to sending out violations notices. When the board was elected, one of the people on the board had a small camper in her driveway. She was heard (by me) asking the builder (who retained architectural control) about putting up a removable screen of lattice to screen the camper from street view(per the covenants), He told her that sounded fine.
Fast forward 9 months, we lost a board member and I came on as VP.....found out that we had never been incorporated, etc. I worked very hard to get the insurance, incorp. etc together. The builder did help me get bylaws recorded etc. He then tells me that he has an objection to the screening that was put up in front of the camper. I talk to the Pres. who says she has no problem. I talk to the board member with the camper and she tells me that the builder approved it. Back to the builder....he says he never did and has nothing in writing about it and he NEVER approves anything not in writing. (so not true....he decided not to enforce the part of the covenants that deals with boats trailers campers being parked on concrete...did not want to enforce because everyone has 1.5 acres or better and he has not problem with them parking it in the wooded areas as long as it is not seen from street)...there are other slight violations he approved....
The Board does not address the issue of the camper screen. The board has changed a few members since then and each Board addressed this issue. They felt that since the Architectural Committee (the builder who refuses to turn it over) did not do its job in addressing this issue, it is too late to address now. We have been very consistent in enforcing the boat/trailer/camper issue since then. Recently, vocal people called the builder because it was not "fair" that the camper is not properly screened.
We contacted a lawyer about another matter, and discussed this issue with him....he stated that 3 1/2 years later, we should let the matter go and focus on the fact that we have been consistent since. The builder was told this.
Now, he approached me yet again......said that he was tired of the Board making everyone else conform to the covenants and not this one person (she is no longer on the Board)...
He tells me that he has control over the Architectural Committee because he owns 3 lots in here.....(the rest are owned by members of the homeowners association)......He got so angry when I told him what the lawyer had advised us that he actually threatened to "take back" the Board so he can charge her with a violation........
Now, the Board's position is that this violation was let go on so long before it was ever even addressed....that the homeowner had every right to assume she was in compliance.....to go after her now will create a lawsuit that we might not win......Some on the current board don't like the lattice work (as it does not screen very well) but the homeowner has worked to keep the screening positioned to be as screened as possible. Those who don't like have acknowledged that we took no action back when it first went up...and that the Board had no idea the builder did not approve it for at least 8 or 9 months later...and still took no action. The homeowner insists the builder approved it verbally .. the builder insists he did not.....

What do you do in this situation???? The builder says the lawyer is wrong and we should let a judge decide....like we all just want to spend money on a lawsuit....

The builders turned control of the Board over but maintained control of the Architectural Committee......It is in the covenants that the A/C control is in the hands of the person who owns the most lots..and they are listed as the A/c in the covenants. I personally think that this should be the homeowners (ie the association) but others feel he is correct.....

Also, he has previously stated that his only function is to approve or disapprove things not to follow up on violations or address violations at all......He wants to do what he wants, when he wants...my opinion only....

Sure, here it is verbatim

The architectural control committee is composed of ____(both builders listed by name..although their corporation has been dissolved...one builder has rescinded his imvolvement in the committee...leaving his son as the sole architectural committee member...he refused to let a board member be on the committee with him)..A majority of the committee may designate a representative of the committee to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor their designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owner of a majority of the lots in this entire subdivision shall have power thru a duly recorded wirtten instrument to change the membership of the committee or to withdraw from the committee or restore it to any of its powers or duties.

That is the entire clause.....does this mean he CAN toss off the board and take it back into his hands?

Yes it does seem very devious way to maintain architectural control.....

PS

Any suggestions on the original question about the camper screen?

IMHO - this CCR applies ONLY when he was the developer (of course the developer would control the CCRs)

It does not apply after the transfer and when the new corporation was formed and the definition of "member/owner" changed for the corporation.

You are going to have to get a real estate lawyer who specializes in this.

Re: the "agreement" on the screen. You can't have inconsistencies in the application of the CCRs. If something is NOT in writing, it does not exist (any judge will tell you that) and he had no right to give her special dispensation then or now. If she can't show you an agreement letter, then she has no agreement with the HOA.

The developer/AC committee originally told her verbally that the lattice screen would be fine....he never followed up when he saw what she put up. He told the board after the screen had been up for 9 months...the board did not agree that it was a problem at the time and did not enforce it.....
Now.....he (builder) wants her found in violation almost 4 years later and the screen taken down. The issue of the screen has been discussed with the homeowner, she stated her case, the board agreed that it had been let go so long, that as long as she kept the lattice work screen properly in front of the camper, it would not be addressed. So she feels she is not going to get any further action on this. The builder is irate that it has been let go, refuses to acknowledge that he did not address this promptly as the AC and is demanding the board take action.
We are in a quandry here......
The Board does not necessarily like the screen but a lawyer told us not to go after her because it had been let go for so long.....so that is what we did...and she is aware of that.