Legal Question in Real Estate Law in California

Re: What takes precedence, C.C.&R's or city codes?

It would depend on a number of factors, including whether the homeowners association has allowed (or approved) the building of the the other 15 owners' fences, among other things.

You probably need to consult with an attorney in your area, provide that attorney with all of the documents related to the residence (including the CC&Rs, articles of incoropration of the association, and bylaws of the association), and discuss more of the specific facts concerning your question in order to get any sort of real answer.

Re: What takes precedence, C.C.&R's or city codes?

As I see it, the city permit only says the city has no objection to the fence from its standpoint and does not affect the CC&Rs.

As to why you seem to be singled out, I can only guess. Possibly the other fences are grandfathered. Possibly they comply with the CC&Rs due to their size, design or placement. Possibly the homeowners' association has decided 'enough is enough' and you just have the misfortune to be it. Possibly there are some members on the association board that don't like you, or who are particularly affected by your fence. You probably have some clue as to why you might be singled out.

Can they enforce the regulations unevenly? Probably. There are no doubt legal theories on which such discrimination could be stopped, but in the private sector the usual tools to require equal protection do not work very well. The best approach is probably to negotiate and reason with the leadership of the association and see if a compromise can be worked out.