Look I’m not heartless I’m a family values guy myself, but 3 years seems more than sufficient time to sell their house. If the HOA doesn’t move to enforce these restrictions they eventually become moot, so they have no choice. What happens when another homeowner decides to bring children into this community, are they now going to be entitled to ignore this covenant for 3 years? The HOA has already bent over backward for these people allowing them 3 years, what more do you want from them? If covenants aren’t enforced, eventually they become legally unenforceable.
FWIW, their home has only been on the market for this past year. They held out hope that their daughter would get her act together, but she didn't and the time came that they knew they'd have to move and raise their granddaughter themselves. What more does the HOA want at this point? The house is on the market, the price has even been lowered, and they WANT to move. I think the HOA should back off and allow these people to deal with the realtors and potential buyers without having to also deal with frivolous lawsuits.