The boards overseeing condominium associations and homeowners associations (HOAs) often have difficult jobs. They have to host regular public meetings where community members air their grievances. They have to gain support from local property owners for any changes in policies or amenities they propose.
They also have to monitor the community and enforce community standards. In many cases, that obligation leaves them in conflict with some of their neighbors. Other property owners may resent any attempts to enforce community standards and hold them accountable for rules violations. Board members may risk the cold shoulder or hostile interactions when they report rule violations or decide to take enforcement actions against a property owner.
Despite how unpleasant community rule enforcement can be, it is a necessary component of managing a community that shares amenities and property standards. Aversion to the social fallout of rule enforcement may lead condo and HOA board members to make major mistakes about rule enforcement. Failing to act promptly could negatively affect the board’s authority.
Selective rule enforcement undermines enforcement ability
HOA and condo association boards typically need to apply all community rules consistently. Ignoring certain rule violations only to enforce the rules in other cases can look discriminatory. Allowing certain property owners to get away with noise violations or unkempt yards can create scenarios in which others then flagrantly violate the rules as well.
Boards need to be consistent in the enforcement of rules to ensure that they don’t risk the loss of enforcement authority in the future. Selective rule enforcement is one of the most common and successful defenses to HOA and condo board enforcement activities. Homeowners might take the board to court and win if they can show that the board has not consistently enforced the rules when other similar violations occurred.
Asking a homeowner to remove a fence or landscaping plants that violate community standards can become much more difficult if the board has previously ignored other property owners making similar improvements to their homes or yards. Proactive communication about potential violations and consistent rule enforcement help ensure that HOAs retain their authority.
In some cases, new board members may need to review enforcement records and suggest communicating with property owners to validate more assertive enforcement of the rules in the future. Understanding that selective enforcement can curtail the board’s authority can help those serving a condominium association or HOA board protect their authority and maintain community standards.