Selective Enforcement: How to Keep It Out of Your Community
Every homeowners’ association (HOA) has a set of rules and regulations that define what is and isn’t allowed in the community. All residents are expected to comply with these guidelines—and all board members are required to enforce them fairly. If boards make exceptions and don’t hold everyone to the same standards, they can be accused of selective enforcement. Read on to learn the selective enforcement definition and how to prevent selective enforcement of HOA rules.
What Is Selective Enforcement?
Selective enforcement happens when laws, regulations, or rules aren’t applied uniformly across groups or individuals. When residents move into a community with an HOA, they agree to follow the rules, and board members have a fiduciary duty to consistently enforce the rules. If board members abuse their power, practice favoritism, and wrongly target particular residents, it can lead to HOA selective enforcement.
HOA Selective Enforcement Examples
In short, HOA selective enforcement occurs when rules are enforced for some residents, but not others. Selective enforcement examples include:
- Parking. One resident receives a fine for leaving their car on the street, but the HOA takes no action against another resident breaking the same parking rule.
- Landscaping. One person’s penalized for grass that’s too high, but their next-door neighbor with overgrown landscaping isn’t because they’re on the board.
- Pets. A resident is cited for their dog’s loud barking, but other dogs that excessively bark are ignored.
- Amenities. A homeowner isn’t permitted to use the community pool due to previous violations, but those with identical infractions face no repercussions.
- Decorations. The board issues a $25 fine to a resident who didn’t remove their holiday decorations within the allotted timeframe, but another resident receives a $100 fine.
- Painting. A homeowner who wanted to paint their home had to submit their request to the architectural review board, but someone else got approval without following the correct process.
Why Selective Enforcement Is a Problem
HOA selective enforcement isn’t only a breach of a board’s fiduciary duty, it can also cause serious issues, including:
- Credibility loss. If the board is accused of selective enforcement, its leadership and judgment may be called into question.
- Legal risks. In some instances, residents can plead their selective enforcement case in a court of law.
- Tension. Unreasonable rule application can prompt frustration, tension, and neighbor conflict.
How to Avoid Selective Enforcement of HOA Rules
To prevent HOA selective enforcement, it’s essential to embrace fairness and uphold the rights of all residents. With these tips, boards can encourage voluntary compliance, streamline enforcement processes, and avoid selective enforcement:
1. Know your role.
Board members must be familiar with their official responsibilities and know what they can and cannot do. Confirm all board members understand their roles and only act within their authority.
2. Establish clear rules.When rules are easy to understand, they’re easier to follow. Regularly review rules and guarantee they’re clear, relevant, and applicable to minimize confusion.
3. Educate residents.
Often, residents will inadvertently break the rules. They either don’t realize what they did or don’t know the rule exists in the first place. Advise residents on where to find governing documents and ensure they comprehend their limitations.
4. Standardize procedures.
Your HOA should have a formal policy that explains the process for managing violations. Make sure the policy is first reviewed by an HOA attorney before sharing it with residents. Confirm homeowners are aware of the policy and board members follow it precisely.
5. Don’t make exceptions.Association rules, regulations, and requirements apply to all homeowners, including board members. Always enforce rules objectively and treat everyone in the community equally; making exceptions for certain people can be seen as favoritism or discrimination.Create a compliance committee.
6. Create a compliance committee.
To promote transparency, consider establishing a compliance committee to assist with enforcement. Ideally, committee members are homeowners who don’t serve on the board and aren’t related to board members. This helps mitigate the impact of personal partiality.
RELATED: The Top 8 Committees That Help Every Community Function Better
7. Document violations.
Proactive and thorough documentation can protect your board against selective enforcement claims. A detailed record of violations and resulting actions provides evidence that rules are being enforced equitably if needed.
8. Communicate well and often.Effective communication is critical to success. Using various mediums to share information about rules and regulations, including the HOA newsletter, community website, social media channels, and annual notices, can help nurture a better, more agreeable relationship between board members and homeowners when conflicts arise.
9. Have an appeals process.Consider implementing an appeals process that permits residents to challenge rule enforcement outcomes. Neutral procedures are crucial, as taking sides can lead to discontent and suspicions of power abuse.
10. Partner with a community management company.
A professional community association management company can support the board in its rule enforcement efforts, ensuring a just and consistent application and reducing bias.
RELATED: 6 Reasons Your Community Should Hire an HOA Management Company
HOA Selective Enforcement & Violations
The HOA board is responsible for enforcing community rules and addressing violations in an equitable manner. When the board fails to apply rules fairly, it can induce conflicts, frustration, and claims of HOA selective enforcement.
Want to learn how to uphold your governing documents and manage violations more effectively? Download our ebook: “Top Rule Enforcement Strategies: 10 Community Managers’ Secrets to Success.”
Selective Enforcement FAQs
Is selective enforcement illegal?
Selective enforcement isn’t necessarily illegal; however, it can result in legal issues if it violates anti-discrimination laws, such as the Fair Housing Act (FHA). Before taking any action, review local, state, and federal laws and consult an attorney.
Can I sue my HOA for selective enforcement?
A homeowner can sue their HOA for selective enforcement, but they must prove that the HOA has unfairly enforced its rules. Residents should first try to resolve the issue directly with the board, as selective enforcement lawsuits can be a costly and lengthy process.
How to prove selective enforcement?
To prove selective enforcement, residents must collect evidence that demonstrates a pattern of unequal treatment based on specific characteristics, rather than merely lax enforcement. After gathering this evidence, it’s advisable to consult a lawyer specializing in civil rights for guidance on how to present the case.
This article was professionally reviewed by Associa's community manager learning specialist.