Selective Enforcement Of HOA Rules And How Homeowners Can Prove It

Selective enforcement is one of the most common defenses owners raise, and one of the most commonly botched. The concept is simple: an association should not enforce a restriction against one owner while knowingly tolerating the same violation by others who are similarly situated.

Florida courts recognize that unequal enforcement can bar an association from obtaining judicial relief, but owners have to prove it with clean, comparable facts. If you are in need of representation, contact our Boca Raton, FL HOA lawyer today.

What Selective Enforcement Means Under Florida Case Law

Selective enforcement is essentially “unequal and arbitrary enforcement.” The Florida Supreme Court held that a restriction may be unenforceable when it is applied selectively and arbitrarily rather than uniformly.

The point is not “other people break rules too.” The point is: the association knew about substantially similar violations and chose not to enforce them, then targeted you.

The Three Facts That Usually Decide Selective Enforcement

Courts generally look for these pillars:

1. Similarity that is truly comparable

This is where most owners lose. You need an apples to apples comparison: same restriction, same type of violation, similar visibility, similar impact.

A good illustration is Laguna Tropical, A Condominium Association, Inc. v. Barnave, where the owner claimed selective enforcement of a flooring restriction. The court rejected the defense because the evidence showed enforcement tracked where comparable complaints existed and the units were not similarly situated in the way the owner claimed.

2. Association knowledge or notice

Selective enforcement usually requires showing the association knew or reasonably should have known about the other violations. You prove knowledge through:

• Prior violation letters to others
• Written complaints to management or the board
• Minutes, inspection reports, committee notes
• Evidence the violation was obvious and long standing

No knowledge, no selective enforcement argument.

3. A pattern of tolerance, not a one off

One neighbor “getting away with it” is not always enough. What moves the needle is a consistent pattern where the association tolerates the same conduct, then suddenly claims the rule is urgent when it comes to you.

Confirm The Rule Is Enforceable Before You Fight About Enforcement

Before you stake your case on selective enforcement, confirm the association is enforcing a valid restriction in the first place.

For condos, board meeting notice requirements can matter when boards adopt or amend rules affecting use. Florida law requires specific notice procedures for certain board meetings, including when rules regarding unit use or common elements are being considered.

If the restriction is not properly adopted or conflicts with higher governing authority, you may have a separate argument that is cleaner than selective enforcement.

Due Process Matters, Especially If Fines Or Suspensions Are Involved

Selective enforcement often shows up in fine disputes. Florida statutes impose procedural guardrails that associations must follow before imposing fines or suspending use rights.

HOAs: Fines and suspensions require notice and an opportunity for a hearing before an independent committee that is not the board.
Condos: The condo statute has similar notice and hearing requirements for fines and certain suspensions.

If the association did not follow the statute, that can be its own defense, even before you get to selective enforcement.

The Evidence That Actually Works

If you want selective enforcement to survive, build the record like litigation is inevitable.

1. Dated photos and video from lawful vantage points
Take photos from common areas or public viewpoints, date them, and repeat over time to show duration.

2. A comparison list
Track:

• Unit or address
• Restriction violated
• Why it matches your alleged violation
• How long it has existed
• Any proof the association knew (complaints, letters, minutes)

3. Official records requests
If you are in a condo or HOA, official records statutes can help you get enforcement history, meeting minutes, and communications that show board knowledge and selective action.

4. Proof of inconsistent outcomes
If you can show others were warned, ignored, then never fined, while you were fined immediately, that supports unequal treatment.

What Associations Argue Back, And How To Beat It

Associations usually respond with some version of:

• “We just found out”
• “We can’t enforce everything at once”
• “Those situations aren’t the same”
• “We are enforcing now, so there’s no waiver”

Courts do not require an association to catch every single violation instantly. So your job is to show this is not about capacity, it is about choice and inconsistency: known violations tolerated for others, but enforced against you.

Enforcement Options For Homeowners

Selective enforcement is often raised defensively when the association sues for injunctive relief or tries to collect fines. In some cases, owners also pursue affirmative claims for injunctive or declaratory relief depending on the statutory framework and the relief sought.

For condos, Chapter 718 provides a cause of action to enforce compliance with the Act and governing documents.
For HOAs, Chapter 720 provides enforcement mechanisms as well.

What makes sense depends on posture, timing, and how strong your evidence file is.

Practical Takeaway

Selective enforcement is real in Florida, but it is a proof heavy defense. If you can show truly comparable violations, association knowledge, and a pattern of unequal treatment, courts may refuse to enforce the restriction as applied to you.

If you want the strongest leverage fast: document comparable violations, create a record of notice, request enforcement history through official records, and demand that the association follow the statutory hearing process before fines or suspensions are imposed.

Clear Separation From HOA Representation

At Perez Mayoral, P.A., we represent homeowners and condo unit owners and do not represent HOAs. This focus allows us to address disputes involving common element failures and governing document violations across Florida.

If you would like to discuss your options, call 305-928-1077 or email [email protected].