victim of selective enforcement

When a homeowner decides to buy a home in a community governed by a homeowners’ association, they agree to follow certain standards and rules.  If a homeowner breaks any of those rules, he or she is subject to the HOA's enforcement, granted by the applicable state law and the governing documents. HOA's must enforce community rules consistently & fairly.

PREVENTING SELECTIVE ENFORCEMENT

The first way to avoid any issues with selective enforcement of the rules against you is to follow all of the rules you agreed upon when purchasing your home.  If you plan to renovate, re-do landscaping or add on any structure to your property, you should always consult your HOA governing documents first to be sure you follow the proper procedure for getting approvals & that your plans fall within the neighborhood guidelines.

For the day-to-day rules, such as your trash can, a good idea to periodically review the HOA documents to be sure you understand all of your obligations.  Of course, you should confirm the rules before you report any of your neighbors for possible violations.

WHAT TO DO ABOUT SELECTIVE ENFORCEMENT

If you do find yourself on the receiving end of a violation notice that you think is a selective enforcement of the rules, you have options:

• First, determine whether the rule says what the association’s board says it does, & whether you did in fact violate that rule.  If you believe you have been unfairly targeted for violation of the rule, you can inquire to the homeowners’ association outlining your case.

• A second option is to go to an HOA Board meeting and raise the issue there.  If there is not a meeting scheduled in the near future, consult the association’s governing documents to determine if you have the right to call one, and if so, how to do that.  You also should determine how to have your issue added to the agenda, if necessary.

For any questions\comments, please contact Jackson Brandel @ jacksondbrandel@gmail.com