How Can an FHA Loan get approved if the by-laws have a Right to First Refusal?

I am a Condo ociation president. Recently, a unit was purchased with an FHA Loan. Our By-laws have the Right to First Refusal, we also have a pending lawsuit with Illinois Department of Transportation and an individual ownership of a common element 2.78%. According to FHA Condo Approval Checklist having these would deny the approval of a loan. Tell me how did this FHA Loan get approved? And, what can we do about it?