when does pattern become precedent?

[t.laidacker]

What is the name of your state (only U.S. law)? NV

I work for an ornamental iron company in las vegas. we recently were contracted to fabricate and install pool code fencing "similar" to the neighboring (not abutting) fences. after we completed the job, the client received a letter from the HOA demanding that the fence at 64" from grade be removed or reduced to 60" from grade as per the CC&R. lv muni code requires a min. 60" height from grade. our argument is that within 6 houses either direction there are a total of 7 pool fences that are as high or higher than ours.

as i understand it, one would be an oversight, 3 would be a pattern, 7 would be...?

TIA

 

[Zigner]

Why is it your problem?

 

[154NH773]

7 would be...?

Who knows; selective enforcment, prior regulation allowed, friends in high places. You can argue the point but your client is in violation.