Homeowner associations (HOAs) have legal authority. Owners buying into HOA communities generally sign agreements acknowledging the HOA’s bylaws and agreeing to the fees imposed to live in the community.
HOA bylaws typically include provisions intended to protect the characteristics of the community and the value of individual properties. For example, the HOA may prohibit working on vehicles in the lawn or may require that property owners remove garbage bins from the curb within 24 hours of trash collection.
Violations of those rules may lead to fines or revocation of access to community amenities. HOA board members generally need to ensure that they are consistent about rule enforcement to preserve the authority of their HOA.
Selective enforcement violates owner rights
The decision to enforce a specific HOA rule against one property owner while letting another commit the same infraction without consequence constitutes selective enforcement. Selective enforcement is often indicative of discrimination against one person or possibly an entire group of people.
As such, Texas state statutes allow homeowners to challenge HOA rule enforcement if they can show that attempts to enforce the rule are selective. It is incumbent upon HOA board members to ensure that they consistently uphold the rules, even in scenarios where there are extenuating circumstances for certain residents.
Without consistent rule enforcement, an HOA could lose the authority to hold property owners accountable for loud parties or unmowed lawns. Reviewing HOA bylaws and addressing previously lax rule enforcement with a skilled legal team can help protect HOA authority. Board members may need guidance as they seek to enforce HOA rules previously ignored or to respond to claims of selective enforcement by non-compliant property owners, and that’s okay.