I am in a situation where the HOA board is not enforcing deed restrictions for one particular home owner. I suspect it is because he is friends with the developer that also is on the board. I need to hire a lawyer to light a fire under their a$$.
Have you talked to HOA board? If so and they blew you off, and the issue is that important ot you , you might consider having your attorney send them a letter concerning your objections to their not enforcing the CC&Rs and their selective enforcement.
Be forewarned that the HOA could make your life miserable over the next few years.
Are you sure they aren't already pursuing legal remedies for this violation? Have they told you they are not going to enforce the restriction? Is it an enforceable rule? Sometimes HOAs include rules they can't actually enforce. A good example is street parking. Unless the community is gated they have no control over street parking as the streets belong to the city. Just curious what the issue is exactly.