At Garden Patio Villas, the Board has a responsibility to enforce our Governing Documents fairly and consistently. No Member receives special treatment, including Board Members. The same rules and standards must apply to everyone.
What Is Selective Enforcement?
Selective enforcement occurs when an HOA enforces a rule against one Member but ignores the same or a similar violation by another Member without a legitimate reason. Inconsistent enforcement can lead to complaints, disputes, and potentially costly legal action against the Association.
Even Small Things Matter
For example, suppose a Member is told to correct a landscaping violation because a plant does not meet the rules. If another Member has the same violation but is allowed to keep the plant without being required to correct it, the first Member may reasonably question why the rule was applied differently.
The same principle applies to parking, property maintenance, architectural changes, and other community rules. If a Board Member violates a rule, that violation must be addressed under the same standards as any other Member’s violation.
Treating everyone equally does not mean every situation must receive an identical response regardless of the circumstances. It means decisions must be based on the Governing Documents, consistent standards, and legitimate differences between cases—not personal relationships, favoritism, or who a Member happens to be.
Why Consistency Matters
When the Board overlooks violations for some Members but enforces the rules against others, it creates the appearance of favoritism and can expose the Association to complaints and potential lawsuits. Selective Enforcement claims can be costly and undermine confidence in the Board.
The Board’s responsibility is to manage the community fairly, protect property values, and uphold the Governing Documents—not to pick and choose who must follow the rules.
At Garden Patio Villas, the rules apply to everyone. No exceptions for friends, neighbors, or Board Members. Fair and consistent enforcement protects the entire community.
