Selective Enforcement of Rules

Started by EdgarC • 8 replies • 421 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

EdgarC (Mississippi)
Posts: 1

Posted:

Hi all!

I live in an HOA neighborhood where the board selectively enforces rules and ignores others, while they also appear to let some people break the rules without any consequence.

Just wondering if anyone else has ever experienced this, and how they handled it. Is there anything that can be done to ensure that the board fairly enforces all the rules rather than pick and choose?

Thanks for any input on this.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By EdgarC on 05/17/2022 12:39 PM
I live in an HOA neighborhood where the board selectively enforces rules and ignores others, while they also appear to let some people break the rules without any consequence.

Just wondering if anyone else has ever experienced this, and how they handled it. Is there anything that can be done to ensure that the board fairly enforces all the rules rather than pick and choose?

-- First, legally "selective enforcement" refers to enforcing Rule X against neighbor Jones but not enforcing that same Rule X against neighbor Smith.

-- Second, chances are good that your HOA's Declaration or Bylaws gives owners the authority to pursue enforcement of the covenants/bylaws on their own, without the HOA becoming involved.

-- Third, chances are also good that the HOA's Declaration says the Board's choice not to enforce certain covenants does not preclude future boards from enforcing these same covenants.

-- Fourth, you absolutely can run for the board with others who feel as you do about the enforcement of the rules and covenants; hopefully win a majority of the board seats; and then have at it when it comes to enforcing the rules and covenants.

-- Fifth, if you are flagged with a violation for violating covenant X, while your neighbor is also violating covenant X but has not been flagged with a violation, then you can possibly claim "selective enforcement" and prevail in, worst case, a court of law.

-- Sixth, else there is likely nothing you can do to get the Board to enforce all rules.

BarbaraT1 (Texas)
Posts: 821

Posted:

Please provide specifics; it's hard to speak to generalities.

MichaelT21 (Arkansas)
Posts: 501

Posted:

Quote:

Posted By EdgarC on 05/17/2022 12:39 PM
Hi all!

I live in an HOA neighborhood where the board selectively enforces rules and ignores others, while they also appear to let some people break the rules without any consequence.

Just wondering if anyone else has ever experienced this, and how they handled it. Is there anything that can be done to ensure that the board fairly enforces all the rules rather than pick and choose?

Thanks for any input on this.

The Board is not the only entity that can enforce the rules. If you see any rules being violated, you can always bring a private lawsuit to rectify the issue if the Board will not.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By MichaelT21 on 05/17/2022 1:30 PM

The Board is not the only entity that can enforce the rules. If you see any rules being violated, you can always bring a private lawsuit to rectify the issue if the Board will not.

Not true. An owner can bring a suit to enforce a contract, such as the CCRs, but not something in the Rules and Regulations.

KerryL1 (California)
Posts: 14,550

Posted:

With Barbara, Edgar, can you b more specific? Perhaps examples will help?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can't judge from a distance. Plus do you know what instruments your HOA uses for correcting? Do they fine? Do they limit access to common elements?

Example: I live between 2 neighbors who put up their fences without HOA approval. They also installed them without telling me. My fence was already approved but had not been built yet due to contractor was behind. It was required the fences by stained brown and be 3 feet from property line. Well one is and the other isn't. They both are NOT stained. This has been nearly a year now. My fence is approved and stained per the rules. The fences are STILL out of compliance.

The HOA sends out $50 fines to correct. What I understand is one neighbor is complaining about the HOA fining them. They never lived in a HOA before and don't understand. Apparently they are just taking the notices from the HOA and doing nothing about them.

So the HOA is doing their job. (I was nearly fined for not staining). The neighbors are not doing theirs. That does not mean "selective enforcement". It means that these neighbors aren't taking any action in response to the fines the HOA is issuing.

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

More about enforcement:

If your community keeps information about enforcement actions confidential and you're not on the board, you won't know what actions have been taken. From the outside, a violation that is being ignored looks exactly like a violation that is being addressed and the homeowner is ignoring it/fighting it.

Also, board members come and go, and different ones will have different ideas on what constitutes "reasonable enforcement". Many try to hit the sweet spot somewhere between "police state" and "total neglect". The issue is that reasonable people can disagree about where that sweet spot is. Over time, this can lead to inconsistent enforcement - it's just the nature of the beast.

MarshallT (New York)
Posts: 414

Posted:

If you're in it for the long haul, you could make a selective enforcement claim against the association. However, the difficult part is proving that the board didn't do something that they should have. You will need evidence if you plan to go to court.

Alternatively, if you see that a rule has been broken, you (or other homeowners) can take the issue to management or the board. You can ask for a follow-up to see how long the person has to correct the issue, and watch to ensure it is corrected. You can document any resolutions or lack thereof.

Finally, the community can elect people to the board who will be more proactive about rules enforcement.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here