Selective enforcement of rules occurs when the homeowners' association (HOA) chooses to enforce specific homeowners association rules against only one homeowner or a small group of homeowners, while failing to apply those same rules throughout the entire community.
When a homeowner decides to buy a home in a community governed by a homeowners association, they agree to adhere to certain homeowners association rules. If a homeowner breaks any of those rules, they may face HOA enforcement actions, as outlined by applicable state law and the governing documents. It's essential for HOAs to enforce community rules consistently and fairly.
PREVENTING SELECTIVE ENFORCEMENT
To avoid issues with selective enforcement of rules, the best strategy is to comply with all the regulations agreed upon when purchasing your home. If you intend to renovate, landscape, or add any structure to your property, always consult the homeowners association rules first to ensure your plans align with neighborhood guidelines and follow the proper procedure for obtaining required approvals.
For daily rules, such as those regarding your trash can, it's wise to periodically review the HOA documents to ensure you understand your obligations fully. Before reporting any potential violations by your neighbors, confirm the rules to avoid claims of selective enforcement of rules.
WHAT TO DO ABOUT SELECTIVE ENFORCEMENT
If you receive a violation notice that you believe reflects selective enforcement of the rules, you have several options.
First, verify if the rule is being interpreted correctly by the association’s board and whether you did indeed violate that rule. If you feel you have been unfairly targeted, reach out to the homeowners association and outline your concerns.
Another option is to attend an HOA Board meeting and bring the issue to their attention. If no meetings are scheduled soon, check the association’s governing documents to see if you can call a meeting yourself and find out how to add your issue to the agenda, if necessary.
