Homeowners' associations (HOAs) are tasked with enforcing community rules and regulations to maintain property values and harmony within a neighborhood. However, when an HOA board enforces these rules selectively—applying them to some homeowners while ignoring similar violations by others—it can lead to legal disputes and claims of unfair treatment. Selective enforcement by an HOA board is unlawful and can undermine the integrity of the community.
What Is Selective Enforcement?
Selective enforcement occurs when an HOA applies its rules and regulations inconsistently, treating some homeowners more favorably than others. For instance, if one homeowner is fined for having an unapproved fence, but another homeowner with a similar fence is not penalized, this may be a case of selective enforcement. The HOA’s governing documents, including the Covenants, Conditions, and Restrictions (CC&Rs), require the board to enforce rules uniformly and fairly among all residents.
Why Is Selective Enforcement Unlawful?
Under California law, HOA boards have a fiduciary duty to act in good faith and in the best interests of the entire community. Selective enforcement violates this duty by creating an atmosphere of bias and favoritism. Inconsistent rule enforcement can lead to claims of discrimination and unequal treatment, which may expose the HOA to legal liability. Courts in California have ruled that HOAs cannot selectively enforce rules and must apply them equally to all homeowners to avoid breaching their fiduciary duties.
Legal Recourse for Homeowners
If a homeowner believes they are a victim of selective enforcement, they can challenge the HOA’s actions through mediation, arbitration, or litigation. A successful claim could lead to the HOA being required to enforce rules fairly or even reverse fines or penalties.
By enforcing rules consistently, HOAs can avoid legal challenges and foster a sense of fairness in the community.