Selective enforcement is one of the leading reasons homeowners end up at odds with their associations. Many HOAs try to maintain fairness, but some end up creating more problems by not treating everyone the same. When rules are not applied across the board, things get messy, and it usually does not end well for the association.
What is Selective Enforcement?
Homeowners associations and condo associations exist for a reason. They are supposed to keep communities orderly, protect property values, and make sure that everyone plays by the same rules. These rules can be found in the governing documents.
The board of directors is responsible for enforcing these rules, both in an HOA and in a condo community. Board members are volunteer homeowners who step up to run the community. Sometimes, they have help from management companies, but the final say belongs to the board itself. They handle violations, architectural approvals, fines, and everything in between.
HOA selective enforcement happens when one homeowner gets penalized for breaking a rule, but another homeowner doesn’t. It is the unfair, inconsistent, or arbitrary application of rules. When residents see this happening, frustration builds.
The inconsistent enforcement of CC&Rs and operating rules is not just a technical mistake. It can damage trust in the long term. It can also create bitterness between neighbors. Other than that, boards can expect unnecessary drama which could have been avoided with equal treatment.
Selective Enforcement Examples
There are countless ways selective enforcement of HOA rules can show up in communities. Below are the most common examples.
- The HOA fines one homeowner for leaving trash cans outside, but another neighbor does the same thing, yet nothing happens.
- One resident doesn’t get approval for a new fence color, but someone down the street uses the same paint and gets the board’s approval.
- A board member installs a shed without approval, yet another homeowner has to pay a fine for doing the same.
- The board enforces parking rules against the guests of one household, while another household constantly has visitors breaking the same rule without penalties.
- A homeowner is told to pull weeds from their lawn, but several others with overgrown yards receive no citations at all.
- One family receives penalties for noise complaints, while another family’s loud parties get ignored week after week.
- The board requires architectural approval for some residents, but allows others to build without submitting any paperwork.
When the association applies the rules this way, homeowners feel singled out. Even worse, they may start thinking that board members are playing favorites or punishing people they don’t like. This leads to distrust, more disputes, and eventually lawyers stepping in.
Is Selective Enforcement Illegal?
Texas law makes it clear that HOA boards can’t just enforce rules when and how they feel like it. Section 202.004 of the Texas Property Code presumes that an HOA’s decisions are reasonable. But that presumption disappears if a court finds the HOA acted arbitrarily, capriciously, or in a discriminatory manner.
In plain terms, if the board is picking and choosing who to go after, then they are likely in violation of the selective enforcement law.
Past court decisions also play a role. In Pilarcik v. Emmons (1998), the Texas Supreme Court made it clear that associations must enforce restrictions consistently. The court ruled that associations can’t apply deed restrictions one way to one homeowner and another way to someone else. Selective enforcement undermines the legitimacy of the HOA.
It is also important to note that Chapter 209 of the Texas Property Code lays out statutes that require procedural fairness. Chapter 209 covers hearings, notices, and due process. If an HOA fails to follow these requirements fairly, it may render the enforcement invalid.
Courts in Texas do not look kindly on favoritism. Judges expect fairness, and they will not hesitate to strike down enforcement actions when associations apply the rules unfairly.
Can I Sue My HOA for Selective Enforcement?
Yes, a homeowner can bring an HOA selective enforcement lawsuit. The homeowner must prove that the HOA enforced a rule against them but not against others. To do this, homeowners must usually gather evidence, such as photos of similar violations, testimony from neighbors, or written complaints the board ignored.
Courts will then weigh the evidence carefully. If a homeowner can prove the HOA’s actions were arbitrary or discriminatory, they may win. The remedies can vary. Sometimes, courts stop the HOA from enforcing the rule at all. Other times, they cancel the fines or even award damages.
That said, homeowners may also try to resolve the matter without going to court. Some HOAs allow internal appeals of violation notices. Dispute resolution, such as mediation, is also an option. But if a board refuses to admit fault, then legal action may be the only choice left on the table.
For associations, lawsuits are expensive. The money that pays for the defense usually comes directly from the HOA’s budget, which means all homeowners end up paying for the mistakes of the board. This is one of the biggest reasons boards should avoid selective enforcement at all costs.
Why Selective Enforcement Hurts HOAs
When boards inconsistently enforce the rules, it can hurt more than just the homeowner involved. It can damage the reputation of the board and erode trust across the entire community. Before long, people will begin whispering about favoritism, bias, or grudges. Once that happens, the board’s authority will start to crumble.
Selective enforcement also makes future enforcement harder. Once neighbors see that rules don’t apply equally, they stop following them. This creates a downward spiral of non-compliance and tension.
And then there’s the financial impact. Court cases are expensive. Homeowner dues, which should go toward maintenance and other projects, must now cover the association’s legal fees. This means everyone pays the price for unfair enforcement, even those who had nothing to do with the dispute.
How Boards Can Avoid Selective Enforcement
Association boards can avoid selective enforcement using a few strategies, such as:
- Apply rules equally to everyone, including board members.
- Document every violation and enforcement action in writing.
- Follow the notice and hearing procedures under Chapter 209 of the Texas Property Code.
- Communicate rules clearly and regularly to all residents.
- Seek legal advice when unsure about enforcement authority.
- Keep personal feelings out of enforcement decisions.
- Make sure board members recuse themselves from matters where conflicts exist.
By taking these steps, boards can protect themselves from lawsuits and maintain a fair and happy community.
For a Better Community
Selective enforcement is a real problem that can harm both homeowners and associations. When boards fail to apply rules evenly, they can invite lawsuits and turmoil within the community. At the end of the day, an HOA that enforces fairly will have fewer disputes and stronger trust from its members.
Preferred Association Management Company offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
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