What is Selective Enforcement?

Owners raising this defense argue the association waived the restriction by tolerating breaches, or that it acted arbitrarily. Courts look at whether comparable violations were treated comparably, whether the board had a documented reason for the difference, and whether enforcement resumed after notice to the community.

Boards can cure a history of lax enforcement by adopting a resolution announcing that the restriction will be enforced going forward, notifying all owners, providing a reasonable cure period, and then applying it uniformly.

Documentation — inspection logs, notice dates, hearing outcomes — is what turns 'we enforce consistently' from a claim into evidence.