Homeowners’ associations (HOAs) provide many services to the communities in which they operate. They help maintain a consistent character throughout the neighborhood by enforcing maintenance standards and limiting certain aesthetic choices, such as the number of vehicles parked outside a single home. They collect fees to maintain shared amenities, such as exercise facilities, playgrounds and pools. Overall, they help maintain property values and ensure the quiet enjoyment of all residents.
Those serving on HOA boards may enjoy assisting their neighbors, but many of them dislike the enforcement of community bylaws. In fact, when a neighbor fails to mow their lawn or meet other critical community standards, those serving on the HOA board might feel inclined to look the other way and grant a bit of lenience to the homeowner, especially if that homeowner is currently facing some kind of personal hardship.
Unfortunately, this common mistake can effectively hamstring the HOA board and limit its ability to enforce bylaws in the future. However, fair enforcement of the rules is critical.
Selective enforcement can constitute discrimination
HOAs are subject to state and federal laws related to housing rights. They generally need to consistently enforce all relevant standards for everyone living in the community. The failure to do so could make future enforcement efforts a source of controversy.
A homeowner facing a fine for failing to mow their lawn might point to how the HOA previously ignored another neighbor’s unkempt lawn for weeks. They might allege selective enforcement and claim that the HOA has engaged in housing discrimination by enforcing the rule against them but not against other residents.
When an HOA does not consistently enforce all rules against all property owners, the people targeted for enforcement could claim that enforcement actions constitute unlawful housing discrimination. Those claims of discrimination could potentially prevent the HOA from escalating enforcement actions by imposing fees, placing liens against properties or restricting access to community amenities.
Those serving on HOA boards may need guidance to avoid scenarios in which the community becomes unable to enforce reasonable standards for behavior and property maintenance. Working with a lawyer when there is a question or concern regarding HOA bylaws or enforcement activities can help board members ensure compliance and maintain the authority necessary to appropriately manage the community.