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’s illegal under the Davis-Stirling Act (Civil Code 4350). When boards enforce rules arbitrarily or in bad faith, homeowners who know what they’re doing can flip the script and gain a powerful legal defense and leverage to push back.
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 the basic requirements and principles every California homeowner should know about selective enforcement:
- Definition. Selective enforcement happens when an HOA board applies the same rules differently to different members. It shows up in fines, architectural denials, amenity restrictions, or other board actions that target some while excusing others (or benefit some, but not others).
- Legal Obligation of Fairness. Civil Code 4350 requires HOA rules to be applied fairly, consistently, reasonably, and in good faith. Rules cannot be applied to one homeowner and ignored for others.
- Arbitrary and Capricious Actions. Selective enforcement is unlawful because it produces arbitrary or capricious results, i.e., decisions based on favoritism, grudges, or personal whim rather than objective standards.
- Due Process Violation. Unequal application of rules undermines fairness and due process protections required by California law, including the Davis-Stirling Act.
- Extended Principles. Civil Code 4765, which governs architectural decisions, specifically prohibits arbitrary and capricious conduct. Courts have extended those same principles to HOA enforcement generally.
- Impact on HOA Authority. When selective enforcement is proven, the HOA’s decisions lose their presumption of validity, weakening the board’s legal position and providing homeowners with a strong defense.
Selective enforcement in California HOAs is more than a sign of bias. it’s a violation of the Davis-Stirling Act and a breach of fairness and due process. By proving inconsistent application of rules, homeowners can challenge fines, penalties, or denials and force boards to apply restrictions evenly.
FAQs
What is selective enforcement in a California HOA?
Selective enforcement happens when an HOA board enforces the same rule differently against different members. For example, fining one homeowner for a violation while overlooking the same violation by others.
Why is selective enforcement in an HOA illegal?
Selective enforcement violates Civil Code 4350, which requires HOA rules to be applied consistently, reasonably, and in good faith. Unequal enforcement is considered arbitrary and capricious conduct under California law.
How does selective enforcement in architectural decisions work?
If an HOA board denies your architectural application while approving materially similar applications from other homeowners, that is selective enforcement. Civil Code 4765 specifically prohibits arbitrary or capricious architectural decisions.
How does selective enforcement in an HOA violate due process?
Due process requires rules to be applied fairly. When boards selectively enforce restrictions, homeowners lose equal treatment and notice protections guaranteed under the Davis-Stirling Act.
What impact does proving selective enforcement have on HOA authority?
When homeowners prove selective enforcement, the HOA’s decision loses its presumption of validity. That weakens the board’s legal position and strengthens the homeowner’s defense in disputes over fines, denials, or penalties. And since selective enforcement is illegal, courts will almost always reverse the denial.
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.
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