Of concern also is the fact that a loss here by the HOA might weaken the ACC, at least in the short term. I've been told that I'm crazy for taking the HOA's finances and stability into account in this decision - but I do feel as if I have a lot of time invested in the CC&R revision, which was intended to prevent exactly the situation we find ourselves in now.
The CC&R revision was supposed to be followed by creation of a documented procedural framework that the ACC would use to make fair and informed decisions. Once a decision is reached in this manner, enforcement will be an issue in very few cases and if it comes to involving threats of legal action, at least the Association would be on steady ground.
Our attorney is quite confident in our position and perhaps this is the only way to recover our expenses to date. Not to mention some satisfaction in exposing the way this was handled by the ACC!