What is Selective Enforcement?
Selective enforcement occurs when board members choose to apply certain rules and regulations in a discriminatory manner, showing favoritism to some homeowners while disregarding others. This means that the board may have biases when deciding how to act in specific situations, leaving residents feeling neglected or discriminated against.
On the flip side, selective enforcement can also happen when the rules and laws established by the board are unjust. In such cases, the board members have a responsibility to act fairly and consistently not only when creating the regulations of their community but also when enforcing the HOA's bylaws and rules.
What to Do in the Case of Selective Enforcement
When board members fail to behave in a fair and consistent manner, homeowners may find themselves with limited options. While it may be possible to sue the HOA for selective enforcement in extreme cases, it is not always the best course of action.
The most sensible course of action is to directly communicate with the board leaders and discuss the problem. If they are competent in their roles, they should know how to address the issue by listening and considering all perspectives.
Another idea worth considering is to encourage greater homeowner participation. This could create opportunities for people to voice their concerns and desires at HOA meetings.
If the issue is serious, negotiation may be necessary.
Ensure that you gather evidence and can clearly articulate your desires.
Selective enforcement can create a sense of unfairness and discrimination within a community. It is crucial for board members to act impartially and consistently when making and enforcing rules.
Homeowners should strive to address the issue through open communication and active participation. If necessary, negotiation and gathering evidence can help resolve the problem.
Remember, it is against the law for board members to show preferential treatment or overlook violations by specific homeowners.