Selective Enforcement
The inconsistent application of community rules where some violations are pursued while similar violations by other homeowners are ignored. Selective enforcement, even without discriminatory intent, can undermine the enforceability of rules and expose the association to legal challenges. Courts may refuse to enforce a rule against a homeowner if the association has not consistently enforced it against others. Consistent documentation and uniform enforcement are essential.
Example in Context
The homeowner successfully challenged a fence-height violation by presenting photos of six other homes with identical fences that had never received a violation notice.
Frequently Asked Questions
Can I fight an HOA fine if the rule is selectively enforced?
Yes. If you can demonstrate that the association has not consistently enforced the same rule against other homeowners with similar violations, a court may decline to enforce it against you. Document examples of other unenforced violations with photos and dates, and raise the selective enforcement defense at your hearing or in any legal proceeding.