non enforcement of rules and regs

If the rules and regulations is a contract between the HOA and the Homeowner and the HOA fails to enforce the R&R or enforcement is arbitrary, capricious, and discriminatory, is this not a breach of contract?

To answer that question, one would need to consult an attorney who would have access to the terms in the contract.

Typically, CC&Rs authorize the Association to enforce the covenants but does not require them to do so. BTW, CC&Rs typically also authorize members of the Association to enforce the covenants as well.

For sake of discussion, lets say that the contract is breached. This would not, and mind you I am not an attorney and I do not work in the legal profession, automatically invalidate the rest of the contract. One side or the other would need to take the issue through the courts. The courts would then decided if there was an actual breach and, if there was, what is the correct action to address any damages caused by the breach. In Associations, as far as enforcement goes, it's typically ruled that the person in violation of the CC&Rs need to bring the issue into compliance and that the Association needs to enforce equally when they do choose to enforce.

WRONG

The only contract is: 'The Covenants and Restrictions' which is recorded at the county/parish register of deeds office.

If you have an incorporated HOA then the board of directors of said corporation is empowered to make rules & regulations via corporate resolution, said rules to be compliant with, and subservient to, the recorded covenant.

COVENANT = CONTRACT

ALL, repeat ALL, your answers will be found within said covenant.

ps. The bylaws govern the corporation, NOT the homeowner(s).