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Can your HOA target you alone for rule enforcement?

On Behalf of | Oct 13, 2021 | Real Estate |

Buying real property inside a homeowner’s association (HOA) can be a smart move. HOAs often provide amenities that individual homeowners could not afford, like a playground, a gym or even a pool. They also establish community standards that help preserve property values.

Usually, an HOA will have many rules that it applies to residents, including restrictions on when they place their trash containers out at the curb for pickup and how long their grass can grow. Infractions might result in fines or lack loss of access to communal spaces within the HOA. In extreme cases, someone could even face eviction from the community due to unpaid fines and repeated infractions.

Can you fight back when it seems like the HOA has unfairly targeted you?

For the HOA to enforce a rule, they have to do so consistently

Rules are only enforceable rules if they apply to everyone. When the party enforcing a rule chooses when to apply it and when not to, they can easily engage in inappropriate discrimination against certain people. Uneven enforcement of the rules is one of the most common forms of discrimination that people experience.

Letting some people get away with infractions while others face consequences shows inappropriate favoritism. The HOA that manages and enforces the standards for your community should hold everyone equally responsible for the same infractions. Every people should face the same penalties and the same level of scrutiny.

If you are the only one receiving citations for something that multiple other people in the same community do, that might be a sign that the HOA has unfairly targeted you. Selective enforcement of HOA rules is inappropriate behavior, and it may give you grounds to fight back against the HOA’s behavior in civil court.

HOAs often make rules, but they also have to follow them

Standing up to an HOA that engages in selective enforcement and possibly discriminatory behavior toward homeowners and residents is important. Not only does it protect your rights as a property owner, but it can also make your community a more welcoming place for others in the future as well.

Documenting infractions by other people nearby could help you take action regarding an issue an HOA dispute involving the unfair and uneven enforcement of rules.


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