Understand your options when suing your HOA for selective enforcement and ensuring fair treatment.
General Overview
Selective enforcement by an HOA can feel unfair and discriminatory. If you’ve been singled out while others violate the same rules without penalty, you may have grounds for a lawsuit. Learn how to gather evidence and fight back against this unequal treatment.
Disclaimer
Legal actions against an HOA may vary depending on state laws. Consult an attorney to determine if your case of selective enforcement has legal standing.
Legal Considerations
Suing an HOA for selective enforcement involves showing that rules were applied inconsistently. Documentation of similar situations where rules were enforced differently can strengthen your case and demonstrate discriminatory practices.
Steps You Can Take
- Gather evidence of selective enforcement (examples of unfair treatment).
- Contact the HOA to address the issue directly.
- Refer to your CC&Rs and show how the enforcement is inconsistent.
- Attempt mediation with the HOA before going to court.
- File a lawsuit if the issue persists.
Costs and Challenges
Selective enforcement cases can be hard to prove, as you’ll need evidence of inconsistent rule application. Legal fees can be steep, and the HOA may argue their actions were justified, prolonging the case.
Final Thoughts
Selective enforcement can be a frustrating experience when an HOA enforces rules inconsistently. If you feel the HOA is targeting you unfairly while allowing others to violate the same rules, legal recourse may be available. Gathering evidence and documenting instances of selective enforcement will strengthen your case should you decide to challenge the HOA’s actions.
