rules and regs selective enforcement North Carolina

North Carolina - Townhouse community with hoa and exterior maintenance of building included in fees. The community has rules and regulations and the board is incharge of enforcement.

The board has ignored many items that violate the rules and regs and people have added some privacy fencing, exterior storm doors without approval for color, painted exterior facing doors with non approved colors, replaced windows without a request being placed which is requierd and have added non approved type windows as well in the community, they have decorative items around and attached to the homes which as well violated the rules and regs as do all the items noted above which have been done and without rules and regs enforcement.

I replaced my windows with appproval for color and style and was forced to pay an additional $1,000 for my windows to have it approved as I was told verbally by a board executive the style I wanted would not be approved while others have just done as they pleased without any enforcement and I have discovered they have installed the exact type of window I was told would not be allowed. I am in process of selecting storm doors to replace older ones and am planning on using white and as far as I know this is not an approved color but there are atleast 5-6 others that have done so and without permission or recourse from the board.

Does a board have the right to selectively inpose the rules and regs on some parties while not going after those that have not asked for approval but have done it anyway? Per a member of the board they claim they have the right to enforce the rules anytime they want to..... In my opinion this may be a case of selective or discriminative enforcement of the rules and regs by the board and would like some other opinions.

John,

The Board must enforce the covenants, rules and regulations equally on all lots.

Mind you if an Association chooses to selectively enforce, they are not doing anything criminal so there is no State or Federal Agency to step in and correct the issue. This type of thing is considered a civil issue that is to be solved by the parties involved either amongst themselves, through mediation or the courts.

Associations that do selectively enforce do risk losing any legal challenge. However, it's also possible that the Association could win the legal challenge but be forced to enforce the same rule on other violators.

On the flip side, if a member of the Association is in violation of the rules, depending on the governing documents, the Association may be able to start fining for the infraction. If the member refuses to pay the fines the Association may be able to place a lien the property. Depending on State laws, the lien might be able to be foreclosed on.

It's also rare that the Association will institute legal action to have a member comply. They will typically just use the fining, lien and possible foreclosure process. Therefore, it will typically be up to the member to institute any legal action.

Please note that I am not of the opinion that you should rush out and start legal action against your Association.

I would suggest that you actually submit a written request for the door and indicate that it is the same as other doors in the Association who were apparently granted approval. I would even include the addresses of those doors. Then wait for a written response.

Tim