Real Estate Law
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The President doesn't have unilateral authority to just waive a Bylaw... They are the rules and laws that the HOA is governed by. So they likely just told you this to get you to drop the matter.. If he did, he didn't have authority to do so without putting it to a vote of the Board and formally approving any waiver.
However, legally any owner has the authority to enforce Bylaws against a neighbor if the HOA is refusing to do its job. Also, in virtually all Bylaws I have ever read, the loser has to pay the winner's legal costs. That means that if this is a violation of the Bylaws, and you sue the neighbor, then if your Bylaws are normal, they will have to pay your legal costs of suing them.
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