Homeowners’ associations are valuable tools when it comes to preserving neighborhood atmospheres, quality of life for the residents and property values. However, HOAs sometimes get a bad rap due to “selective enforcement” of the rules.
Selective enforcement of an HOA’s Covenants, Conditions and Restrictions (CC&Rs) can lead to significant problems. Not only can this cause a breakdown in community relations, but it can also lead to legal trouble for the HOA.
What is selective enforcement?
Essentially, selective enforcement is any situation where an HOA enforces certain rules but not others – or enforces the rules against some homeowners but not all of them. It can also involve inconsistent application of penalties for violations – such as issuing a warning to one homeowner for an infraction along with a chance to take corrective action but immediately fining another homeowner for the same issue.
While often unintentional, selective enforcement of the rules undermines an HOA’s integrity and can lead to accusations of favoritism or discrimination. The inconsistencies are typically rooted in a lack of standardized procedures rather than malice toward any particular homeowner. When left unchecked, however, selective enforcement can lead to lawsuits, which are both damaging to the community’s reputation and costly for the association.
If selective enforcement disproportionately affects residents of certain demographics with protected characteristics (like age, disability, religion or sexual orientation), the HOA can face accusations of discrimination, which could lead to additional issues under the Fair Housing Act.
Clear, written guidelines for enforcement are essential if you’re operating an HOA – as is documentation of any actions taken. If your HOA does run into a dispute, legal guidance may help you avoid litigation.