An HOA is fully allowed to create certain rules and regulations that residents must follow. These can go far beyond common legal restrictions.
For example, an HOA can set rules regarding when home decorations can be placed in someone’s yard, what style of renovations can be done on the house, when trash has to be picked up, what types of pets are allowed and even regulations regarding noise complaints and the use of outdoor spaces.
However, it is common for there to be disputes between residents and the HOA when these rules are violated. In order to effectively uphold the regulations, the HOA should always strive to avoid any appearance of selective enforcement.
Why is selective enforcement an issue?
An example of selective enforcement could be if there are noise restrictions saying that any outdoor music or events have to be finished by 10 o’clock at night. If these regulations are often violated by multiple households, but only one person is given fines or warnings because of the violation, it’s an example of selective enforcement. This doesn’t mean that the enforcement is being carried out incorrectly—in other words, that homeowner did violate the rules—but just that they may argue that others also violated those rules and were not held to the same standard.
This is problematic because it can lead to allegations of discrimination. If one person feels that they are being targeted or that there’s inconsistent enforcement of the rules in the entire HOA, they may still argue that this is unfair treatment, even if they admit to violating the rules that they agreed to when they joined the HOA in the first place.
That said, an HOA could focus on consistent enforcement and still find itself engaged in disputes with residents who do not believe they are being treated fairly or properly under the agreement they signed. Whenever these disputes arise, it’s important for those involved to understand exactly what steps to take.