That is what happens when one has a spinless HOA with no balls and without the backing of a strong Management Company.
In our development, the contractor would not have got permits for the pool without the HOA and Management company sign off. The bulldozer would be removed by the Management company and the owner billed for the cost, liens and fines would be applied to his property till he complied and cleared the debt. Was he provided with the CC&Rs by the realtor or whoever sold the property and did he sign for them?
As I keep stating time and time again, buyer beware, and you get exactly what you pay for.
In hindsight, a couple of things happened. First, the HOA was switching management companies at the time he contracted with the builder (who owned the lot), but the builder had the house plans approved. They were told the pool would have to come after the house, since the builder wouldn't deal with the pool, it would be an add on. Builder told him no problem (which was none of his business), and he contracted the pool without approval and paid a big chunk, basically the feeling is he knew it would be an issue but forced it through by being a bully and making threats. The builder sat on the lot for several years (one of the last couple available in the neighborhood), is pretty crappy, with a reverse wedge shape, the back is very skinny., and I'm sure was anxious to unload it. So where the pool is goes all the way to the edges of the lot. Our climate is one that isn't conducive to a long pool season, so the specifics on pools are limited. There are 2 other pools in the neighborhood of 150 homes, one is indoor, one is an exercise lap pool adjacent to the house and pretty much not visible by neighbors. There are very few in the region. There are specifics about putting spas next to a house and screening for visual and noise, and he has one big a$$ spa, so they tried to get that to work. His lawyerly argument was the HOA covenants didn't say "don't build a pool the size of your backyard that is closer to your neighbor's house than your own", so he's allowed. It also doesn't say I can't put in oldphd's version of Car Henge...
The HOA is currently pursuing the removal of the bobcat. They have tried to work things through without legal issues, but he has resisted. There was actually a discrimination lawsuit filed by him, which was thrown out as frivolous. Again, in hindsight, the feeling is this was to freeze the HOA and let him do as he pleases. He changed plans, did his landscaping and then submitted approval, etc. The bottom line is he just seems to consider himself above the rules and has deep pockets... Sadly, I have to live next to a swim club. So far this summer there has only been one big party, but they have a huge family and they are quite loud... and the current pool being filled without a fence is a hazardous situation where a kid could wander in, he has not followed zoning.
Sigh... it's most unfortunate...