Selective Enforcement:What to Do When HOA Rules Aren't Enforced Evenly

Living in a homeowners association (HOA) comes with the benefit of community standards designed to protect property values and ensure consistency. However, when HOA rules aren’t applied equally to all residents, it creates tension, erodes trust, and may even result in legal risk. This issue—known as selective enforcement—can occur for a variety of reasons, and it’s critical for boards and residents to address it promptly.

What Is Selective Enforcement in an HOA?

Selective enforcement occurs when HOA rules or penalties are applied inconsistently across homeowners. This may involve:

• Enforcing rules for some residents but not others
• Penalizing similar violations differently
• Ignoring certain infractions due to familiarity or internal biases

While sometimes unintentional, this type of enforcement undermines the fairness and effectiveness of the association’s governance.

Why It Matters

Selective enforcement not only causes resentment among residents—it can also jeopardize the HOA’s legal standing. Governing documents typically require equal enforcement of rules. Failing to meet that obligation may result in challenges from homeowners or exposure to liability.

Steps to Address Selective Enforcement

1. Document the Inconsistency

Homeowners who believe rules are being enforced unevenly should start by reviewing the Covenants, Conditions & Restrictions (CC&Rs) and highlighting the relevant clauses. All observations should be documented clearly, including photographs, dates, and relevant board meeting notes or violation records.

2. Collaborate with Fellow Homeowners

If others have had similar experiences, work together to build a comprehensive case. Organizing as a group allows for a stronger, unified voice when approaching the board.

3. Present Concerns to the Board

Bring the issue to the board during a scheduled meeting or by formally requesting to be heard. Provide supporting documentation and request clarification on enforcement policies.

4. Request Consistent Rule Enforcement or Policy Review

Depending on the situation, the board may need to either:

• Enforce the existing rule uniformly
• Modify or remove the rule if it no longer serves the community's best interest

Involving the HOA management company, if one exists, may help clarify enforcement practices and provide administrative support for consistent application.

5. Evaluate Board Performance

If the root issue is a board member acting inconsistently, the board may need to review leadership roles and responsibilities. In rare cases, corrective action or replacement may be necessary to uphold community standards.

6. Seek Legal Guidance if Needed

If internal efforts do not resolve the problem, homeowners may need to consult legal counsel. In many states, HOAs are required by law to enforce their rules fairly and consistently, as outlined in their governing documents.

The Role of an HOA Management Company

An experienced HOA management company, like RealManage, can help associations implement fair enforcement practices. By providing regular inspections, transparent documentation, and unbiased administration, management companies support boards in maintaining a balanced, legally sound approach. However, enforcement authority ultimately remains with the board. Contact us today to learn more.