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HOA selective enforcement laws Utah

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  • HOA selective enforcement laws Utah

    A few days before Thanksgiving, I received a letter from our Condo HOA stating that I was violating the bylaws by teaching music lessons in my home. They cited the bylaw which stated, "Each unit within the Project shall be used exclusively for single family residential occupancy and shall be restricted to such use. No Unit shall be used for any business, industrial, or commercial activity..." While I understand the bylaw, I feel that the condo HOA is selectively enforcing it. There were two other music teachers who also received the letter, but I know for a fact that my neighbor across the hall (who is also on the HOA board) conducts some of his business from home. He did not have to relocate his business nor was he penalized or warned. He claims that he is exempt from the bylaw because he only does 5% of his business from home. No other residents were informed of this declaration.

    According to the bylaw they cited, he would also fall under the ruling because it does not specify amount of work done, amount of foot traffic etc.

    Do I have a case against my HOA for selective enforcement? Where do I find any laws against such things for Utah?

    Thank you.