He should file suits against the individual board members, not the HOA board. It is a tactic developers used when country club residents didn't want a Wallmart at their gates. Guess who one? Wally did! HOA board members can acquire insurance as protection from legal actions against them. As such, it is easier to go after the individuals. But I am a little confused. his daughter is saying that there isn't anything expressly in the HOA rules and covenants, but the board has the ability in some cases to seek deferment to the ACC/ARC. ACC/ARC members can typically only make recommendations and suggestions. BTW, I am an ACC/ARC member and have made recommendations on about 30-35 requests. I tell residents I am not empowered in any way, I can only make a recommendation or forward a suggestion, and that the HOA board can do what they will with whatever I provide them. My only purpose as a member of the ACC/ARC is to bring the absence of emotion to common-sense decision-making.