What is Selective Enforcement
HOA selective enforcement involves enforcing some rules more strictly than others or targeting specific homeowners while ignoring others’ violations. This can lead to unfairness and loss of credibility, ultimately undermining homeowners’ trust and confidence in their HOA. Consistent enforcement of the governing documents, including CC&Rs and design guidelines, is essential for building trust and ensuring compliance.
Owners purchase properties within homeowners’ associations, expecting that governing document provisions will be enforced fairly and consistently for all members. One of the Board’s primary responsibilities is enforcing the association’s governing documents. However, if an HOA is inconsistent in its enforcement, it may legally waive its right to enforce those rules in the future.
Consistency is Key
HOAs must establish clear procedures for enforcing rules and restrictions that apply equally to all members. Governing documents outline specific requirements and restrictions for each unit/lot, and members must be aware of all conditions. Without consistent enforcement, the HOA risks legal challenges and diminishing community trust.
Board members should remain objective, even when compliance issues involve friends or neighbors. Community managers should identify violations promptly, and the Board of Directors should establish and approve an appropriate fine policy. Having a structured and well-documented process in place helps ensure that all residents follow community rules and that the consequences of non-compliance are reasonable and predictable.
Enforcement Procedures
There are several ways HOA Boards can choose to manage the enforcement process:
1) Complaint-Based Enforcement: The association will investigate, verify, and act on a rule violation only upon receiving a formal written complaint from a member.
2) Regular Inspections: A designated Board or Committee member(s) performs their periodic reviews of the community and provides written reports of violations to management, and letters are sent out requesting compliance.
3) Community Manager Inspections: The Board instructs the Community Manager or other designated representative to perform routine community inspections, record the violations, and send letters requesting compliance. Include photo documentation in the compliance letter.
Regardless of the method, the key is consistent application. Selective enforcement can lead to legal disputes, resentment among homeowners, and weakened HOA authority.
The Role of the Board
The HOA board enforces rules and regulations fairly and consistently across the community. To do this effectively, board members must know the rules and processes for identifying and addressing violations.
The Board must enforce policies consistently to avoid appearing “arbitrary and capricious. Inconsistent enforcement can result in lawsuits against the association and management. Board members should avoid hasty decisions on violations and enforcement. Instead, they should review the situation thoroughly, evaluate all relevant facts, and apply the governing documents equitably.
Preventing Selective Enforcement and Building Trust:
To avoid selective enforcement claims and potential lawsuits, the Board should:
- Lead by Example: Board members should adhere to the rules as association members.
- Gather Facts & Evidence: Ensure due diligence when investigating violations, including photos and witness statements.
- Respectful Communication: Treat all members with fairness and dignity when addressing violations.
- Seek Amicable Resolutions: Appoint Board members to meet with violating homeowners in good faith to resolve issues.
- Legal Consultation: If all enforcement efforts fail, the association’s attorney may need to advise the Board on the next steps.
Why Consistency Matters in HOA Enforcement
Consistency in HOA enforcement builds trust with homeowners and fosters a sense of fairness in the community. Regular inspections, a clear fine policy, and objective rule application hold all residents to the same standards. HOAs can create a strong, vibrant, cooperative community by maintaining an even-handed approach.
Finally, selective enforcement is not just a legal issue—it’s a moral one. Homeowners who feel unfairly targeted may resist compliance, leading to more significant disputes. Prioritizing fairness and consistency helps prevent conflicts, strengthens homeowner relationships, and supports the long-term success of the HOA.