When you live in an Arizona community governed by a homeowner association (HOA), you expect certain rules to be enforced. However, most people also expect said rules to be enforced consistently and fairly for everyone. If you notice a situation where rules are enforced against you, while similar matters are ignored for others, it can create confusion. What is selective enforcement by an HOA in Arizona?
For any homeowner in this position, the selective enforcement and uneven application of the rules can feel frustrating. It can make the rules of the community seem arbitrary, and even raise concerns that the isolated instances of enforcement are retaliatory, rather than balanced. However, these actions may also be illegal according to Arizona HOA laws.
Understanding Selective Enforcement in HOA Communities
The act of selective enforcement can be the application of any rule or penalty associated with its violation to one homeowner, while ignoring the same or similar issues for others within the same community. This puts unfair burdens on some residents, while allowing others to break the rules without consequences. These rules can include common HOA conditions, including:
- Noise ordinances
- Pet policies
- Aesthetic requirements for homes
- Allowable construction upgrades
- Timelines for maintenance
- Number of guests and visits allowed
- Add-ons within a home or property
- Landscaping issues
- Parking restrictions
While these rules are common in many of the 75.5 million homeowners governed by HOAs, the key factor to look for in selective enforcement cases is inconsistency. While HOAs can set rules for their communities through recorded CC&Rs, these rules must be uniform in their application and consistent in their enforcement.
Understanding Arizona Law Concerning HOA Enforcement
While HOAs can have a great deal of enforcement authority over properties, they must operate in accordance with Arizona laws or face a potential HOA law case. Under A.R.S. 33-1803, HOAs must provide notice and an opportunity to be heard before imposing penalties. This simple precautionary step provides grounds to make any enforcement action fair and consistent.
Arizona law recognizes that owners in an homeowners association share a property interest in the HOA community. This implies a shared level of responsibility and the importance of governing the community as a whole. Such responsibilities imply a level of impartial, procedural, and consistent action when enacting measures related to rules and regulations. The Arizona Planned Communities Act discusses open meetings, which can be useful for transparency, uniformity, and a collective understanding of management’s actions regarding enforcement.
Common Examples of Selective Enforcement
Selective enforcement can be a tricky process because it’s often more subtle than blatant and is often difficult to prove. For example, a person may be denied a request to build a patio, while another homeowner was allowed to do so, without any apparent distinction between the two requests.
In another example, a person may receive a violation for a car parked in their driveway, while other neighbors had multiple cars parked in violation of the governing rules.
Some HOA officials may have excuses for their seemingly inconsistent actions, while others will claim that a lack of knowledge about previous violations explains their apparent unbalanced approach to the rules. In some cases, you may be able to debate their reasoning. But if they seem blatant, uncaring, or even retaliatory in their actions, it may be necessary to contact an HOA lawyer in Arizona.
When and How You Should Seek Legal Support
If you are receiving notices of violations while other people get by with similar issues, it may be wise to hire an HOA law attorney to review the situation. They may look into the violations, HOA contracts, and other evidence, then provide guidance on whether you could have grounds for a case.
You should never hesitate to seek legal support, because failing to do so could leave you feeling marginalized or even pushed out of your own community. For example, take a beautiful area like Gilbert, which has about 290,000 residents and beautiful homes valued at over $570,000. No one should lose out on their ideal location due to unfair HOA practices, so legal support is sometimes required to move forward.
FAQs
Is There an Alternative to Court Hearings for Selective Enforcement Disputes?
Yes, there is an alternative to court hearings for selective enforcement disputes. The HOA Dispute Process is discussed in A.R.S. Title 32, Chapter 20, Article 11. Many homeowners opt for this method, as it allows them to pursue fair discussion about perceived unfair treatment by HOAs, without a full court case. Your lawyer can also speak on your behalf during this process. There are downsides to this process, however, that you can discuss with your lawyer.
Can Selective Enforcement Be Due to an Accident?
Yes, selective enforcement can be due to an accident. For example, new employees at HOAs may be unaware of certain rules at first, causing them to ignore some violations before correcting course later. While not every act of selective enforcement is an act of malice, a homeowner still has a right to pursue fair treatment through legal channels.
Are All HOA Punishments for Violations Equal?
No, not all HOA punishments for violations are equal. In many cases, these are left up to the discretion of the organizations and defined in their contracts. More serious violations may be penalized more severely. In addition, those with multiple infractions may face steeper consequences as their total violations accumulate.
How Long Should You Wait to Respond to Selective Enforcement?
It’s ideally better to respond to selective enforcement or the suspicion of it as soon as possible. If you believe you may have been treated unfairly, it’s wise to bring this up to your HOA through their available channels and document your efforts. You may also reach out to a lawyer immediately and have them advise you on how to proceed.
Hire an HOA Law Attorney
Harper Hall PLC has almost three decades of experience working with people across Arizona to address unfair HOA issues like selective enforcement. We deeply care about the rights of homeowners, and can use our extensive knowledge of Arizona HOA laws to serve you.
When you feel you’re being treated unfairly, punished in an unbalanced way, or even being targeted by management, turn to us. We can help you feel confident and supported, whether we’re working together to navigate initial complaints or court cases. Contact us to learn more.
