HOA Selective Enforcement

My HOA been targeting my house for over a year now. Each monthly meeting they don't mention any issues with other properties but my house. They decided to survey a pond that my house is on for the main purpose to force me to remove a hedge. They have not surveyed any other area in the neighborhood besides the pond my house is on. They found about ten of the houses have trees that are off the boundary line but only three houses have a fence or a hedge that is off line, which I'm one of the three. They are choosing to go after the houses that have encroached a common area with a fence or a hedge but they are going to ignore the ones that have trees such as palm trees, fruit trees, etc planted by the homeowners completely off the boundary line. There is nothing in the bylaws about encroaching. Can they legally ignore the houses with trees encroaching but go only after fence encroaching or would this be considered selective enforcement?

In my opinion, if there is an encroachment regardless if it is a tree, hedge, fence, or any object it is still an encroachment. So we are comparing apples to apples. I don't believe anyone can have a special exception because their objects that are off the boundary line are separated trees and mine is a hedge. I do think that all the trees off line must be also addressed and be taken care of if they are going after the hedges.

You may be right about all this, but can you prove it? Sometimes homeowners cry foul when they get a violation letter when in fact, the board is doing what it's supposed to do. The question is are they doing it consistently and fairly?

If this has been an ongoing problem, but previous boards have ignored it, it may be this board has decided to finally enforce the CCRs. The problem is it may have been so long since any of them have been enforced that they may be deemed unenforceable - that's something a judge has to decide, so if you're willing to go that route, have at it and good luck.

But first, there's the matter of your proving the other trees were planted off the boundary line. This may mean getting some property surveys - in some cities and counties, surveys are public records, so check what's what in your area. If they are public records, you can go to the appropriate agency and get copies. That may also include surveys the HOA obtained. And how do you know the other 10 homes with the trees off the boundary haven't received letters from the board? If you can prove that, that would also be part of an appeal - or perhaps legal action if it comes to that.

One more thing to consider - is it possible this enforcement is coming down because those trees and hedges are creating problems for the common areas, such as the roots growing into sewer lines and causing overflow issues? Maybe the trees are creating some sort of hazard due to large falling branches - it's bad enough if there are near misses involving someone's roof, but what if the branch goes smack on a roof or power line (causing problems for several of your neighbors?)

I meant to say it is NOT near anyone's property.

Keep in mind that selective enforcement is a defense for the courts.

Associations should try to avoid selective enforcement issues as it limits their ability to win if the issue goes to the courts.

Yes, I have received violation notices for how tall the hedge is and I have a recording of them discussing the whole issue about the height and one of the board members even saying they don't like the way it looks.