HOA Disputes
9 min read
Selective Enforcement: What to Do if Your HOA is Targeting You
HomeStand AI Team
Are you being fined for a violation while your neighbors get away with the same thing? That's called selective enforcement, and it's one of the most common complaints homeowners have against HOAs. The good news: in most states, selective enforcement is a valid legal defense. This guide will show you exactly how to prove it and fight back.
What is Selective Enforcement?
Selective enforcement occurs when an HOA enforces rules against some homeowners but not others, despite similar violations. This can be intentional discrimination or simply inconsistent management, but either way, it's often illegal.
Examples of Selective Enforcement
• You're fined for your grass being 4 inches tall, but several neighbors have grass over 6 inches
• Your fence color is cited as a violation, but identical fence colors exist throughout the community
• You're told to remove holiday decorations after 30 days, but other homes have decorations year-round
• You're fined for parking on the street, while others do so without consequence
• Architectural changes you make are rejected, but similar changes were approved for others
Why HOAs Selectively Enforce (And Why It's Illegal)
Selective enforcement can happen for several reasons:
Common Reasons
• Personal vendettas by board members or neighbors
• Racial, religious, or other forms of illegal discrimination
• Retaliation against homeowners who complain or run for the board
• Lazy management that only responds to complaints
• Board members giving friends and family preferential treatment
Regardless of the reason, selective enforcement violates the principle that HOA rules must be applied uniformly and fairly. Many states explicitly prohibit it.
How to Prove Selective Enforcement
To successfully defend against a violation using selective enforcement, you need evidence. Here's how to build your case:
Step 1: Document Your Property
Take clear, timestamped photos of your property showing the alleged violation. Use your phone's camera settings to enable timestamps, or use an app that adds date/time stamps to photos.
Step 2: Document Similar Violations
Walk or drive through your neighborhood and photograph other properties with the same or similar violations. Be thorough—the more examples you have, the stronger your case. Document:
• The same type of violation (e.g., paint color, landscaping, parking)
• The date and location of each photo
• How long the violations have existed (if known)
• Whether these properties received notices
Step 3: Request HOA Records
Under your state's HOA laws, you have the right to review certain records. Request:
• All violation notices issued in the past 12 months
• Board meeting minutes discussing enforcement
• Correspondence related to violations similar to yours
• The HOA's enforcement policy or guidelines
Many states require HOAs to provide these within 10-30 days.
Step 4: Create a Comparison Chart
Organize your evidence in a clear format:
Property Address | Violation Type | Date Photographed | Notice Issued?
Your Address | [Violation] | [Date] | Yes
123 Main St | [Same Violation] | [Date] | No
456 Oak Ave | [Same Violation] | [Date] | No
How to Use Selective Enforcement as a Defense
Once you've gathered evidence, use it strategically:
In Your Written Response
When responding to the violation letter, include a section specifically addressing selective enforcement:
'I must respectfully object to this violation notice on the grounds of selective enforcement. As documented in the attached photographs, [number] other properties in our community have the same or similar [violation type], yet have not received violation notices. This constitutes discriminatory enforcement under [state law citation]. I request that this notice be withdrawn and that the HOA implement uniform enforcement procedures.'
At Your Hearing
If you request a hearing, bring:
• Printed photos of your property and similar violations
• Your comparison chart
• Copies of HOA records showing inconsistent enforcement
• Any communications that suggest bias or discrimination
Present your case calmly and professionally. Focus on facts, not accusations.
In Legal Proceedings
If you end up in mediation, arbitration, or court, selective enforcement is a recognized legal defense in most states. Your attorney can use your evidence to argue that the HOA's enforcement is arbitrary and therefore invalid.
State Laws on Selective Enforcement
Many states have specific protections against selective enforcement:
State Protections
• Florida: FL Statute 720.305(c) requires uniform enforcement
• California: Davis-Stirling Act requires fair and uniform enforcement
• Texas: Courts recognize selective enforcement as a valid defense
• Illinois: 765 ILCS 160 requires consistent application of rules
• Arizona: ARS §33-1242 prohibits discriminatory enforcement
Even in states without specific statutes, courts generally recognize that rules must be applied consistently.
What If You're Being Targeted for Other Reasons?
If you believe you're being targeted due to discrimination or retaliation, you may have additional legal protections:
Federal Protections
• Fair Housing Act: Protects against discrimination based on race, color, national origin, religion, sex, familial status, or disability
• Americans with Disabilities Act (ADA): Requires reasonable accommodations for disabilities
• First Amendment Rights: Some protections for political speech and religious expression
If You're Being Retaliated Against
Many states prohibit HOAs from retaliating against homeowners who:
• File complaints about HOA violations
• Run for the board or vote in elections
• Request records or attend meetings
• File lawsuits or complaints with government agencies
If you believe you're experiencing retaliation, document the timeline of events and consult an attorney.
Can You Force the HOA to Enforce Rules Against Others?
Generally, no. While you can use selective enforcement as a defense, courts typically won't force HOAs to issue violation notices to your neighbors. The remedy is usually to have your own violation dismissed, not to force enforcement against others.
Prevention: Dealing with a Pattern of Selective Enforcement
If selective enforcement is a persistent problem in your community:
Long-Term Solutions
• Run for the HOA board to change enforcement policies
• Petition for the board to adopt clear, written enforcement guidelines
• Request that the board hire professional management with objective enforcement
• Propose regular 'community walk-throughs' to identify violations uniformly
• Attend board meetings and speak out about inconsistent enforcement
• Build alliances with other homeowners facing similar issues
Conclusion
Selective enforcement is a powerful legal defense, but you need documentation to prove it. By systematically gathering evidence and presenting your case professionally, you can fight back against unfair HOA targeting. Remember: the goal isn't to get your neighbors in trouble—it's to ensure you're treated fairly.
Ready to Fight Back Against Your HOA?
Dealing with selective enforcement? Upload your violation letter to HomeStand AI's Document Analyzer to understand your rights. Then use the Response Letter Generator to craft a professional response that includes your selective enforcement defense. Chat with Praetor AI for personalized guidance on documenting your case.
Free to start • No credit card required • Get results in seconds
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