Sometimes they really are picking on you. Again, most HOA and Condo boards are run without major issues. It’s the ones that cause people problems that generate the most attention.
When a board goes on a vindictive, power trip what you’ll see most often is selective enforcement of community rules. Selective enforcement occurs when the board applies its rules, regulations, or covenants against some residents while ignoring the same or substantially similar violations by others, especially friends of the board members (FOBs).
Their targets will raise “selective enforcement” during hearings or litigation as a defense when enforcement appears inconsistent, arbitrary, retaliatory, or motivated by favoritism rather than the written governing documents. Courts will consider whether comparable violations existed, whether the association knew about them, and whether the pattern of enforcement undermines the fairness or enforceability of the rule.
Tales of selective enforcement are quite common. Here are some stories from recent years.
Georgia homeowner fined $2,800 over fence dispute.
A Georgia homeowner was fined thousands of dollars for allegedly violating HOA rules regarding fence placement and design. She claimed similar fences existed elsewhere in the neighborhood without enforcement action. According to her complaint, enforcement intensified only after she announced plans to run for the HOA board.
Florida homeowner’s car towed from driveway.
A Florida resident said his vehicle was towed from his own driveway under a rule restricting certain parking arrangements. The homeowner alleged a selective enforcement issue because other vehicles in similar positions were not towed or fined. The dispute escalated after the HOA imposed additional penalties and towing fees.
North Carolina homeowners defeat HOA foreclosure attempt.
A couple faced foreclosure after fines tied to a “commercial vehicle” parked in their driveway. They claimed the vehicle had been present for years without issue until a new management company took over. The HOA ultimately withdrew its foreclosure petition after litigation.
Florida political yard sign HOA dispute.
A Florida resident complained after being told to remove a political yard sign from their property. The homeowner claimed that other residents displayed political signs without receiving warnings.
Georgia homeowner claims HOA targeted her with mulch fines.
A Marietta homeowner said her HOA issued escalating fines after she replaced pine straw with mulch, allegedly in retaliation after a dispute with a board member neighbor. She claimed similar landscaping changes by others were ignored.
Ohio homeowner fined $15,000 over doorbell camera and other violations.
A condo owner said his HOA fined him repeatedly for installing a camera, even though many other residents had similar devices. He alleged the enforcement intensified after a leadership change.
When you think you have a selective enforcement problem, the next issue is proving it. A homeowner usually must demonstrate that similar violations existed, that the HOA was aware of those violations, that enforcement was not applied uniformly, and that no reasonable justification explains the difference in treatment. These elements are fact-intensive and depend heavily on well-organized comparative evidence.
1. Document Comparable Violations (Photos, Video, Measurements)
The first step in presenting a solid selective enforcement defense is to gather clear, dated photographic or video evidence showing that other properties have substantially similar or more significant violations that have not been cited by the HOA. This documentation should include multiple angles, repeated observations over time, and, where relevant, measurements such as fence height or structure dimensions. The goal is to create a direct visual comparison demonstrating unequal treatment under the same rule.
2. Obtain HOA Records Showing Inconsistent Enforcement
A homeowner claiming selective enforcement should also request and analyze HOA records, including violation logs, fine schedules, architectural approvals, and hearing outcomes, in order to compare how similar violations were treated. These records can reveal whether other homeowners were not cited, received reduced penalties, or were granted approvals under similar circumstances. By aligning these records against the association’s governing documents, a homeowner can demonstrate inconsistency between written policy and actual enforcement.
3. Draft a Clear Timeline Showing a Pattern
It’s also useful to construct a chronological record showing when their violation was cited compared to how long similar violations existed without enforcement. This timeline should highlight any prolonged tolerance of comparable conditions and any sudden or intensified enforcement activity. Establishing a pattern over time helps demonstrate that the issue is not an isolated oversight but part of a broader inconsistency.
4. Prove HOA Knowledge of Other Violations
A homeowner must demonstrate that the HOA knew or reasonably should have known about similar violations but failed to act. This can be shown by establishing that the violations were plainly visible, were the subject of complaints, or were discussed in board meetings or communications. Evidence such as emails, meeting minutes, or testimony can help prove awareness, which is a critical element in most selective enforcement claims.
5. Use Discovery and Testimony to Expose Patterns or Bias
In litigation, a homeowner should use formal discovery tools, including document requests, interrogatories, and depositions, to uncover internal inconsistencies or potential bias in enforcement decisions. Testimony from board members, property managers, or other residents can reveal how enforcement decisions were made and whether similarly situated homeowners were treated differently. This process can expose patterns, contradictions, or improper motives that are not apparent from surface-level evidence.
You may find after making your well-prepared presentation to the board that they have a change of heart and leave you alone. Showing courage and competence can be enough to induce bully-types to find another victim. If that is not enough, feel free to reach out to our firm for help taming your troublesome board.
