California Hoa Blocking Sale Over White Sliding Door Even Though Other Homes Recently Sold With White Doors/windows — What Are My Options?

Location: Hayward, CA

I’m in Hayward, California, and I’m trying to sell a property in an HOA community. The HOA is now raising a compliance issue because my sliding door is white, while they say the community standard requires almond-colored windows and sliding doors.

A few important facts:

• This almond-color requirement is not new. It has apparently been in the CC&Rs for a long time. • However, there have been recent sales in the same community where homes had white windows and/or white sliding doors, and those properties were still able to sell. • I also own another property in the same HOA/community that I bought in 2017, and that property had white windows and a white sliding door at that time. HOA documents were given into escrow then, and no issue was raised. • I recently submitted a retroactive architectural request asking for approval of the existing sliding door. • The HOA denied it and said that the Board President “reversed their decision to allow the sliding glass door frames to be painted” and that I now need to install a new sliding glass door with almond-colored frames. • The denial also says I have a right to appeal. 

My concern is that this feels like selective / inconsistent enforcement. If the rule has supposedly always existed, why were other recent homes with white doors/windows allowed to sell, and why was my other property in 2017 not flagged?

My questions are:

1. In California, does this sound like selective enforcement by the HOA? 2. Can an HOA effectively hold up a sale like this, even if transfer itself is still legally possible? 3. How strong is the argument that they changed or reversed enforcement without applying it uniformly? 4. If the white sliding door has been there for many years, is there any statute of limitations / waiver / laches type argument? 

What other legal options( timely) do i have?