HOA makes me replace porch handrail when most others do not have one

[thornguy]

I recently removed my porch rail without permission because of rot, and was instructed to put them back by the HOA. After researching the IBC (Intl Building Coce) and the Gwinnett Fire Marshall codes, I found out that no rail is required if the grade is 30" or less below the porch. My complete front porch is 24" above grade in the front, but the high end is 48" above grade.

My home looks much better and open without the rail and I want to keep it that way.

I toured the neighborhood and found (7) homes that have the exact situation as mine and they only have the rail on the high side without the front. I feel that I should be able to do the same.
There are also (28) homes that do not have handrails on similar porches as mine.

I am sending pictures of all of the other properties that do not have rails to the HOA.

Is this discrimination or not treating us as equals?

If they still tell me to replace the rail, do I have to?

 

[jharris352]

You can go through the HOA process. If you lose you will have to replace the rail or have the HOA fine you and you sue them. It seems a lot of trouble, but you do what you think is best. I would challenge the ruling through their process and show the other houses. See what happens. Good Luck.