HOA Selective Enforcement: When Associations Lose the Right to Enforce Rules

Can an HOA enforce a rule against one homeowner while ignoring the same violation by others?

That question is at the center of many disputes involving selective enforcement. Although an association’s board of directors generally has discretion in deciding when to enforce its governing documents, that discretion must be exercised reasonably, fairly, and in a nondiscriminatory manner.

Boards are not required to pursue every violation in every situation. But when enforcement is inconsistent, arbitrary, or appears to target one homeowner while others are treated differently, the association can create serious problems for itself. In some cases, selective enforcement may even result in a court finding that the association has waived its right to enforce the rule at issue.

This is one of those areas where boards and homeowners both need to understand not just what the governing documents say, but how enforcement decisions are supposed to be made.

Continue reading to learn when an HOA has enforcement discretion, when inconsistent enforcement becomes a legal problem, and how associations can protect themselves from selective enforcement claims.