hot tubs not allowed Rules; but has on patio (HOA, attorney)

[hot tub suffer]

My neighbor bought her townhouse about a year ago; and there was a
"Hot Tub on the patio:"
According to the HOA Rules; Hot Tubs are not allowed in the community.
However, I was told "the hot tub was approved by the HOA;
however, the prior owner was the PRESIDENT of the HOA.
So...............
Then I COME ALONG as a new
home buyer last April 2007; as her new neighbor.
THE HOT TUB is a Nuisance; under the Rules.
I am having medical problems due to the:
1. smell of the chemicals
2. the inability to sit on my porch at any hour of the day to enjoy the community as other do
3. the ability to open a window; as the smell makes my house like a
"dirty spa"
The HOA tells me that she has a medical problem.

The HOA does not care about MY medical problems due to that Hot Tub.
They tell me I need to get an attorney and correspond with her direct; vs
I guess suing the HOA?
My question is: since it was approved by prior owner; and no one has said anything; but now causing me problems; is the HOA to review again.
or SINCE IT WAS APPROVED BY PRIOR OWNER/ PRESIDENT/ AM I OUT OF LUCK.
thanks Have a great day

[kwm03160]

I think you will need to talk to an attorney. You may be out of luck since it was approved by the HOA. More than one person should have been on that HOA board to make the approval - usually, the approval must be made by the majority of the board, not just one person. I would start by trying to get copies of the meeting minutes when the variance was approved. Good luck!