Homeowners Associations (HOAs) are created to keep communities organized, clean, and well-managed. They enforce rules and regulations to maintain property values and ensure a good quality of life for all residents. But what happens when the HOA enforces these rules unfairly? What if you are penalized for something while your neighbor is allowed to do the same thing without consequences? This is called selective enforcement, and it can be frustrating and unfair.
If you are experiencing selective enforcement from your HOA, you may be wondering: Can I sue my HOA for this? The short answer is yes, but legal action should usually be a last resort. In this article, we’ll break down what selective enforcement is, how to identify it, what steps you should take to resolve the issue, and when it might be time to take legal action against your HOA.
What Is Selective Enforcement?
Selective enforcement happens when an HOA applies rules inconsistently. Instead of treating all homeowners fairly, they enforce the rules on some while ignoring violations by others. This creates an unfair and discriminatory environment in your community.
For example:
- Your HOA fines you for having holiday decorations up after the deadline, but your neighbor has theirs up even longer and isn’t fined.
- You receive a warning for parking your car in the driveway overnight, but other residents do the same without any issues.
- You are asked to remove a fence that doesn’t comply with HOA rules, but others in the neighborhood have similar fences and are allowed to keep them.
Inconsistent enforcement of rules can create frustration and make you feel like you are being unfairly targeted.
Is Selective Enforcement Illegal?
Yes, selective enforcement is generally not allowed under HOA laws and regulations. HOAs must enforce their rules consistently and fairly among all homeowners.
If the HOA enforces rules unfairly, they may be violating:
- The HOA’s governing documents – These documents (bylaws, Covenants, Conditions, and Restrictions or CC&Rs) outline how rules should be applied fairly.
- State laws – Many states have laws preventing HOAs from discriminating or enforcing rules arbitrarily.
- Federal laws – The Fair Housing Act (FHA) protects homeowners from discrimination based on race, religion, gender, disability, and more.
If the selective enforcement seems to target you based on protected characteristics (such as race, religion, gender, or disability), your case may be even stronger.
What Should You Do If You Experience Selective Enforcement?
Before jumping straight to legal action, it’s important to document everything and follow the proper steps to resolve the issue. Here’s what you should do:
Gather Evidence
The key to proving selective enforcement is having strong evidence. Keep records of:
- The rule in question (from HOA bylaws or CC&Rs).
- How the HOA is enforcing it against you.
- Instances where others have violated the same rule but were not penalized.
- Any communication with the HOA about the issue.
Take photos, videos, and screenshots of violations by other homeowners that were ignored.
Review HOA Rules and Bylaws
Read your HOA’s governing documents carefully. Look for:
- The rule they are enforcing against you.
- Whether it states penalties should be applied equally.
- Procedures the HOA should follow when enforcing rules.
If your HOA is not following its own rules, this strengthens your case.
Talk to Other Homeowners
Ask neighbors if they have experienced similar issues. If multiple homeowners notice selective enforcement, it may indicate a pattern of unfair treatment.
A group complaint is often more powerful than a single one.
Contact the HOA Board
Before escalating the situation, try to resolve it informally. Write a polite but firm letter to the HOA explaining:
- The rule they are enforcing against you.
- Evidence that others are not being penalized for the same rule.
- Your request for fair and equal treatment.
Most HOAs will try to resolve issues without legal action, so this may be enough to fix the problem.
Request a Hearing or Mediation
If your HOA ignores your complaint, ask for an official hearing or mediation. Many HOAs have dispute resolution processes where homeowners can appeal fines or challenge unfair enforcement.
File a Formal Complaint
If the issue is not resolved, consider filing a complaint with your state’s HOA regulatory agency or Fair Housing agency (if discrimination is involved). Some states have ombudsman offices that handle HOA disputes.
When Should You Sue Your HOA?
If all other attempts to resolve the issue fail, legal action may be necessary. You may have a strong case if you can prove that:
- The HOA is enforcing rules inconsistently.
- You have suffered financial harm (such as fines or property devaluation) due to selective enforcement.
- The HOA refuses to address the issue despite multiple complaints.
- The selective enforcement is discriminatory (violates the Fair Housing Act).
How to Sue Your HOA
- Hire an HOA Attorney – A lawyer experienced in HOA disputes can guide you through the legal process.
- File a Lawsuit – Your attorney will help you file a lawsuit in civil court.
- Present Your Evidence – You must prove selective enforcement with documents, photos, and testimony.
- Seek Remedies – You can request the court to:
- Order the HOA to enforce rules fairly.
- Reverse unfair fines or penalties.
- Award damages if you suffered financial loss.
Lawsuits can be expensive and time-consuming, so weigh the risks before proceeding.
Alternatives to Lawsuits
Before suing, consider these alternatives:
- Negotiate with the HOA – Try a compromise.
- Vote for New Board Members – If the board is unfair, elect new members who will enforce rules fairly.
- Gather Community Support – If multiple homeowners experience selective enforcement, a petition can put pressure on the HOA to change.
- Contact a Local Government Agency – Some cities and states regulate HOAs and may intervene.
Conclusion: Should You Sue Your HOA for Selective Enforcement?
Yes, you can sue your HOA for selective enforcement if they are applying rules unfairly, but legal action should be a last resort. Start by gathering evidence, reviewing HOA rules, talking to the board, and trying dispute resolution methods first.
If your HOA refuses to correct the issue, an attorney can help you file a lawsuit. Courts take selective enforcement seriously, especially if it involves discrimination or financial harm.
Ultimately, holding your HOA accountable ensures fair treatment for all homeowners and helps maintain a just and well-managed community.