Bought a home with an existing fence, now HOA says it violates rules (North Carolina) – what recourse do I have?

In Spring 2025, my spouse and I bought a home in NC with a fence that had already been installed for several years by the previous owner. We did not build or modify the fence ourselves, but a major reason we bought the house is because the fenced in backyard.

We just received a letter from the HOA denying a “fence application” (which we didn’t submit) and stating the existing fence violates two rules: over 4ft tall is considered a “privacy fence” (ours is nearly 6 ft) and a portion extends past the midpoint of the house.

They’re saying we need to either modify or move the fence to come into compliance and note potential fines with option to appeal.

A few things I’m trying to understand:

1) In NC, is this typically considered the current owner’s responsibility even if the structure existed prior to purchase?

2) Should this have been disclosed during the sale if the fence was non-compliant with HOA rules?

3) Do buyers have any recourse against the seller or listing agent in situations like this?

4) How often do HOAs grant variances for “inherited” structures like this?

5) A lot of other houses have similar fences including our neighbors. Is selective enforcement something that realistically helps in these situations?

6) Would you recommend going straight to a variance request vs. appealing vs. pushing back?

We’re planning to review closing documents and reach out to the HOA for any prior approvals, but we are super frustrated at this point and would really appreciate insight on how this is typically handled and whether there’s any meaningful recourse here.