Selective enforcement of HOA rules


Attorney Jim Olsen discusses what to do when the there is selective enforcement of HOA rules by the board.


Attorney Tom Olsen: The other issue that seems that I get on a regular basis is people that call me up and say, "Tom, my HOA is contacting me and bugging me because I've got a business truck in my driveway. Guess what, there's people all over this neighborhood that have trucks in their driveway. They're not bothering them, why are they bothering me?" They want to feel like because everybody else is doing it, they can do it, and I tell them, "Hey, I don't think so, but what do you think?"

Attorney Jim Olsen: Well, we get that a lot.

Attorney Tom Olsen: Selective enforcement, you might say.

Attorney Jim Olsen: This is in my wheelhouse as far as what I do for our firm. Every case I bring, if there's an attorney on the other side has some version of four defenses. Latches, you waited too long. Stopple, it's not fair to enforce it. Selective enforcement, you're enforcing against me that which you won't enforce against others. That being said, selective enforcement is a very powerful defense if it is apples to apples.