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What Are Common Examples of Selective Enforcement in California HOAs?

by | HOA Explainers

WHAT ARE COMMON EXAMPLES OF SELECTIVE ENFORCEMENT IN CALIFORNIA HOAs?

This HOA Explainer explains common examples of selective enforcement in California HOAs, where boards enforce the same rules against some homeowners while ignoring materially identical conduct by others.

Short Answer

Selective enforcement commonly appears when an HOA penalizes one homeowner for a rule violation or denial while allowing other homeowners to engage in the same conduct without consequence. The issue is not the rule itself, but the unequal way the rule is applied.

What This Means Under California HOA Law

Selective enforcement occurs when an HOA board applies the same restriction differently to different homeowners. California law requires HOA rules to be enforced fairly, consistently, and in good faith. When boards ignore identical violations by some homeowners while singling out others, enforcement becomes unlawful.

This problem shows up across many types of HOA decisions, including rule enforcement, architectural approvals, and restrictions on use of common areas or amenities.

Common Examples of Selective Enforcement

Selective enforcement often appears in everyday situations, including:

  • Landscaping restrictions. You are ordered to remove hedges or trees while other properties with the same landscaping are left alone.
  • Architectural denials. Your balcony improvement, patio cover, or other modification is denied even though nearby homes received approvals for materially similar work.
  • Trash can violations. You are cited for leaving trash cans out overnight while neighbors do the same without consequence.
  • Driveway parking. You are fined for parking in your driveway while other residents, including board members or their families, park the same way without enforcement.
  • Paint colors. You are penalized for repainting with an unapproved shade while homes with similar colors are ignored.
  • Basketball hoops. You are fined for installing a basketball hoop while other homes with the same equipment remain untouched.
  • Pets and noise complaints. Your dog is cited for barking while barking dogs owned by other residents are overlooked.
  • Amenity restrictions. Your access to the pool or gym is restricted for a violation while other residents with similar issues continue to use the amenities.

These situations often seem minor in isolation. When viewed together, they reveal a pattern of unequal treatment.

What This Does Not Mean

Selective enforcement does not depend on how serious the violation is.

It does not require:

  • That the board openly admit unequal enforcement.
  • That the rule be unreasonable or invalid.
  • That every homeowner be violating the rule.
  • That enforcement be stopped across the entire community.
  • That favoritism or retaliation be proven directly.

What matters is whether the board enforced the rule against you while overlooking materially similar conditions elsewhere in the community.

How This Affects Homeowners

When selective enforcement is present, homeowners gain leverage to challenge fines, denials, or penalties. Unequal enforcement weakens the HOA’s legal position and exposes inconsistencies that boards often cannot justify once documented.

By identifying and documenting comparable situations throughout the community, homeowners can force boards to either enforce rules evenly or withdraw enforcement they cannot defend.

How to Prove Selective Enforcement in California HOAs

Examples of Selective Enforcement in California HOAs: Uneven Rule Enforcement

Selective Enforcement in California HOAs: What It Is and Why It’s Illegal

Selective Enforcement in California HOAs: What It Is and How Homeowners Can Fight Back

Selective Enforcement in California HOAs: How to Prove It and Fight Back

California HOAs and Selective Enforcement: How to Spot it and How to Stop It

When to Get Help

If your HOA is enforcing rules against you while ignoring the same conduct by others, MBK Chapman can evaluate whether selective enforcement exists and how that unequal treatment can be used to protect your rights

Learn More

For deeper analysis of HOA abuse and homeowner rights, listen to the HOA HELL podcast or read HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs (Amazon | Barnes & Noble).