Community regulations set homeowner association (HOA) communities apart from other neighborhoods. Residents have to pay a monthly fee to help support community amenities and contribute to shared maintenance costs. The bylaws adopted by an HOA limit what people can do with their properties.
From rules about the color of the siding used on HOA homes to specific requirements regarding lawn maintenance, there may be numerous rules that govern the upkeep and use of HOA properties. The rules governing property maintenance and the activities of community members help preserve everyone’s property values. They also uphold the right of quiet enjoyment that comes with homeownership.
Bylaws often limit activities such as using a property for business purposes or throwing raucous late-night parties, which could inconvenience neighbors and disrupt their lives. Both property owners and those serving as volunteers on HOA boards may have concerns about rule enforcement. Can an HOA choose when to enforce different rules?
Selective enforcement limits an HOA’s authority
For an HOA to maintain its legal ability to uphold bylaws and community standards, it typically needs to consistently enforce the same standards for all residents. Rules must be clear and in writing. Any significant violations should receive the same response.
Choosing not to enforce the rules in some scenarios but then deciding to enforce them in others can lead to allegations of selective enforcement. Selective HOA rule enforcement can be a form of housing discrimination.
People might assert that the HOA only enforces rules against people with certain characteristics or allows those with certain characteristics to break the rules with impunity. Both types of conduct could provide the basis for a credible claim of discrimination.
To prevent the possibility of losing legal authority due to allegations of discrimination and selective rule enforcement, HOA boards typically need to be consistent about enforcing rules as universally as possible. In scenarios where the board has previously taken a laissez-faire approach to rule enforcement but now intends to be more assertive, it may need to address issues with every property owner who is not in compliance to avoid allegations of unfair selective enforcement practices.
Learning more about HOA regulations and housing laws can help board members and property owners navigate conflicts about rule enforcement. Selective rule enforcement can cause challenges for HOA boards and may provide defense opportunities for homeowners facing rule enforcement efforts.
