Can You Sue HOA for Selective Enforcement?
If you’re asking if you can sue HOA for selective enforcement, then the answer is yes. But how should you go about it exactly?
Read everything you should know right here.
Introduction
HOAs are designed to enforce community rules and regulations based on the governing documents that everyone under its guidance should be familiar with. They are not supposed to be antagonistic, but rather an entity that offers fair and equal treatment of all residents.
In most communities, HOAs hold quite a bit of power. And this can often get out of hand, leading to unjust practices. Unfortunately, the residents who are the victims of the behavior are often left wondering whether or not they have any recourse.
What can someone do who has been hurt as a result of the actions of the HOA? Can you sue HOA for selective enforcement? The answer is yes.
Selective enforcement is not a foreign concept when it comes to HOAs. It actually happens more often than you’d think.
What Exactly is Selective Enforcement?
The homeowners’ association where you reside has the responsibility of enforcing all of the declarations, bylaws, and covenants that are part of the community. This is intended to be done in a reasonable – and fair – manner. Though, that is not always the case.
Selective enforcement can happen in two ways. First, it happens when an HOA only enforces part of the rules and regulations, but not all of them. Second, when an HOA enforces the same rule or regulation against one person and fails to do so against another. In other words, choosing against who they want to enforce a particular rule or regulation.
The latter type of selective enforcement is what most often leads to an HOA getting sued by a resident. And it is usually associated with things like:
- Pet restrictions
- Architectural restrictions
- Parking restrictions
- Age restrictions
For clarification purposes, here are a couple of examples. When your community rules state that no pets over 35lbs are allowed, then no one should have a pet that exceeds this weight limit. If several residents clearly have a pet over this weight, but only one gets a warning from the HOA, this is selective enforcement.
If the HOA forbids the parking of large work trucks in general parking, requiring them to only park in a certain area, then that is where they should park. However, if you look in general parking and see multiple work trucks but only you get a letter from the HOA, this is selective enforcement.
Enforcing laws within a community should be an all-or-nothing approach. Otherwise, you can be found practicing selective enforcement.
Is Selective Enforcement Ever Acceptable?
There are times when an HOA may appear to be engaging in selective enforcement, but it is not actually the case. Does this make it acceptable? Not really. But it could also mean you may have some issues trying to prove your case in court.
Let’s take a look at when this may happen.
Sometimes HOAs have general guidelines they follow when it comes to enforcing their rules and regulations. Maybe they choose to only enforce things when violations are reported – rather than being proactive and doing their own inspections of the community. Maybe it is just the stance they like to take or maybe they don’t have the manpower.
Another reason could be the addition of new board members. Maybe the last board members chose to turn a blind eye to certain violations while new board members are more active in addressing violations.
When a violation is reported too many times, this can also result in HOAs taking steps to start addressing them more regularly so that things don’t get too out of hand. While some residents seem to have gotten away with it in the past, now residents may not.
How to Handle Selective Enforcement
So, now that we know selective enforcement happens regularly, what should you do if you feel as if you are a victim of your HOA practices?
Any enforcement by your homeowners’ association should come as a formal written notice. And it should state what rule or regulation you have violated. Take a moment to look up your community bylaws and covenants and read what the rule actually states to determine whether or not you truly violated it. Even if the formal notice lists the rule, look it up yourself to confirm.
If you feel as though you are being wrongly accused or are being targeted unfairly, draw up a written response stating your argument or your side of the case. If others are in violation just as you are, they should be listed in your letter, as well. Keep this letter professional and non-accusing. In fact, hiring a lawyer to provide this response may be in your best interest.
If you prefer not to submit the written letter, then attending upcoming HOA meetings (if held within the time allotted in the letter) and raising the issue in front of the board is another option.
Filing a Lawsuit for Selective Enforcement
If you try to resolve the issue while working with the board without luck, then filing a lawsuit may be the next best step. Consulting with a lawyer can help you determine if this is your best course of action – and if you have a case worthy of winning.
Lawsuits can be expensive and time-consuming. They can also lead to even bigger issues between all parties – especially since there is likely to be contact in the future, as well, due to the nature of the relationship.
Try discussing your case with an attorney to determine the best way to handle the situation. Even though suing your HOA for selective enforcement is an option, it is not always the best option. Sometimes attorneys have letters and means of negotiations that can help settle the dispute without ever having to step into a courthouse. This resolves the issue while saving time and money.
Hire an Attorney
Do you feel like you have been the victim of selective enforcement by your homeowners’ association? No one should be made to feel as though they are a target in their own community. Protect your rights with the necessary legal representation. Hiring an attorney is the best first step in resolving the issue.
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