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JosephW6 (Washington)
Posts: 2
Posted:
Hello there i am new to this thread abd hopefully this post is ok. Right now i am in a predicament. We have parking lots in our neighborhood that when the HOA was established that have parking for guests only when the HOA was established. They did not enforce these rules for almost 2 years of the development being built. Then shortly after, tried to enforce the rules for about a month. After this. They stopped enforcing the rules again and their excuse was covid. No after another 2 years they are trying to enforce it again. Do we have a case here for selective enforcement and do they have a right to enforce and not enforce them whenever they please? This would not be an issue if we could physically park my vehicles in my garage but i have 2 big trucks that will not physically fit. Am i going to have to figure out somewhere else to put my vehicles? Thank you
MaxB4
Posts: 3,513
Posted:
You will need to find a spot to park your trucks. This is on you. You knew or should have known, the two trucks would not fit from the get-go.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Here's my proposed definition change for "Selective Enforcement":

When a homeowner wants the HOA to selectively enforce a rule based on their individual needs or desires and not on the agreement that he or she previously agreed to when they purchased their home.
BillH10 (Texas)
Posts: 1,217
Posted:
Joseph

Two concepts for you to understand:

1. Selective Enforcement means only your trucks are not being allowed to park in the guest parking lot but those (vehicles) of other owners are allowed. If only guests are allowed to park in the lot, the use conforms with the purpose of the lot.

2. A board has a fiduciary responsibility to the Association to enforce the Declaration and/or the rules as they are written. Regardless of what has taken place over the last few years, the Board has the right and responsibility to enforce the use of the lots for guest parking only.
BarbaraT1 (Texas)
Posts: 821
Posted:
I’m sorry you are dealing with this. It’s frustrating when an association is inconsistent in enforcement.

You’ll have to read through your governing documents, but usually there’s a clause that says something to the effect that failure to enforce doesn’t mean the association loses the right to.

You could check your state statutes to see if there is a statute of limitations - in some states if the association is aware of a violation and does not attempt to correct it, after x years they lose the right to do so.

You could also try having a reasonable conversation with your board that the inconsistent enforcement over the years has led to resident confusion, and ask for more time to find a solution to your parking problem. It would help if other owners agreed with you and also spoke up (reasonably).
ElleN (Idaho)
Posts: 4,420
Posted:
Joseph, like others have indicated, what is happening is not what the courts call "selective enforcement." "Selective enforcement" occurs when several owners are all violating the same covenant X but the board issues a notice of violation and demand for correction to only one owner.
JosephW6 (Washington)
Posts: 2
Posted:
Hello and thank you everyone for their responses. As a matter of fact a huge number of homeowners have been parking in the guest parking lot for years and only certain individuals have been given notices, fines, and some have even been towed which from what i have been able to gather have only been people of minority groups. I have a neighbor across the street whos daughters park in the guest parking lot, parks in the fire lane and has not received any consequences for her actions because she is friends with one of the board members. It has been inconsistent enforcement of rules over the years. I read the laws regarding selective enforcement and i cant quote these exact but it falls along the lines of for example, “a rule in the cc&rs states all fencing has to be stained/painted a certain color and say 10 years has gone by without enforcing this rule. It may not hold merit for the HOA to come back and force this rule on homeowners”

I will have to dig more into this but thanks for everyones opinions here. I will check our states laws regarding this matter because i know for a fact our HOA has made this a personal vendetta against only certain individuals in the community and its not held to the same standards for everyone. We have pictures and video for years now of this.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JosephW6 on 03/09/2023 10:41 AM
for example, “a rule in the cc&rs states all fencing has to be stained/painted a certain color and say 10 years has gone by without enforcing this rule. It may not hold merit for the HOA to come back and force this rule on homeowners”
The appropriate defense in such a situation is either "abandoned covenant" or "amendment of the covenants by acquescience, meaning many years have passed since the covenant was enforced and there have been, and still are, many violations of the covenant."

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