Overview
Selective enforcement occurs when an HOA board applies rules inconsistently, penalizing some homeowners while ignoring identical violations by others. This practice isn’t just unfair, it is illegal under the Davis-Stirling Act (Civil Code 4350). Homeowners who recognize selective enforcement can use it to challenge fines, denials, or penalties imposed by their board.
For a deeper analysis, see my article: “HOA Selective Enforcement in California: What It Is and How Homeowners Can Fight Back.”
Updated September 15, 2025 to add FAQs on selective enforcement.
Key Points
Here are some common examples of selective enforcement in California HOAs:
- Landscaping Disputes. You are ordered to remove hedges or trees while others with the same landscaping are left alone.
- Architectural Denials. Your balcony improvement or patio cover is denied even though nearby homes received approvals for materially similar work.
- Trash Can Violations. You receive a violation for leaving trash cans out overnight while neighbors do the same without consequence.
- Driveway Parking. The board fines you for parking in your driveway while ignoring the fact that other residents, including directors and their allies, do the same thing.
- Paint Colors. The board penalizes you for repainting with an unapproved shade, while other homes with similar colors are ignored.
- Basketball Hoops. You’re fined for putting up a basketball hoop while other homes with the same equipment remain untouched.
- Pets and Noise. The HOA singles out your dog for being a barking nuisance while overlooking barking dogs owned by other residents, including directors or their allies.
- Amenity Access. The board restricts your pool or gym access for a violation, while allowing other residents with similar issues to continue using amenities.
Selective enforcement doesn’t always look dramatic at first. It often appears in those everyday inconsistencies, where the problem isn’t the rule itself, but how the board decides to enforce it. Recognizing these examples is the first step toward building a defense against unlawful selective enforcement.
FAQs
What is selective enforcement in a California HOA?
It’s when the board applies the same rule differently to different owners. For example, fining one homeowner for a violation but ignoring the same violation by another homeowner.
Why is selective enforcement illegal?
Because the Davis-Stirling Act requires that HOA rules be reasonable and applied uniformly. Under Civil Code 4350, rules must be enforced fairly, not arbitrarily or in a way that favors certain residents.
How can I tell if my HOA is selectively enforcing rules?
Look for patterns. If you receive a violation or denial, check whether other owners with the same condition or request were left alone or approved. Photographs, board minutes, and violation letters can help confirm inconsistent treatment.
Does selective enforcement apply to architectural denials?
Yes. If your project is denied while other materially similar projects were approved, that inconsistency is unlawful selective enforcement.
What kinds of evidence should I collect to prove selective enforcement?
Take photos of comparable properties, request architectural approvals or denials through Civil Code 5200, and keep copies of violation letters and minutes. Showing that the board treated others differently is key to proving your claim.
Can I recover attorney’s fees if I prove selective enforcement?
Yes. In enforcement actions under Civil Code 5975(c), prevailing homeowners may recover reasonable attorney’s fees and costs.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
AND DON’T FORGET TO TUNE INTO MY PODCAST, HOA HELL
YOU CAN ALSO ORDER MY GROUNDBREAKING BOOK
HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs
Amazon | Barnes & Noble
