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Thread: HOA Selective Enforcement in Texas

  1. #1
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    Default HOA Selective Enforcement in Texas

    We were recently cited by the HOA for being in violation of the CCR's after building a new fence. The new fence was not pre-approved by the Architectural Control Committee (ACC). We were confused, as we built a fence that was nearly identical to a number of other fences in the neighborhood. We have approached the other homeowners and found out that: 1) they were also cited by the HOA, and that after meeting with the board 2) they ultimately received a letter from the HOA stating that while the homeowner was not in compliance, the HOA would not pursue further action.

    If we are now being cited for the same violation, does that constitute selective enforcement?
    By not pursuing action against a homeowner for a particular violation, does that set a precedent by which the violation is now not-enforceable?

    Thanks,

    Jennifer

  2. #2
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    Question Das ist in der Doktor!

    Originally Posted by jentuke We were recently cited by the HOA for being in violation of the CCR's after building a new fence. The new fence was not pre-approved by the Architectural Control Committee (ACC). We were confused, as we built a fence that was nearly identical to a number of other fences in the neighborhood. We have approached the other homeowners and found out that: 1) they were also cited by the HOA, and that after meeting with the board 2) they ultimately received a letter from the HOA stating that while the homeowner was not in compliance, the HOA would not pursue further action.

    If we are now being cited for the same violation, does that constitute selective enforcement?
    By not pursuing action against a homeowner for a particular violation, does that set a precedent by which the violation is now not-enforceable?

    Thanks,

    Jennifer

    Texas is not my state but next to fleas, I think HOA's have been a bane to mankind ever since the day of their conception.
    Does being cited for the same violation when others were let off, constitute selective enforcement?
    Possibly, but due to the very nature for their existence, I believe their rules and regulations fall under the realm of civil or contractual law.
    You may need to consult with an Attorney on this one, which you're probably going to be doing anyway if they don't grant you a exception.
    Does the fact they have granted exceptions set a precedent by which the violation is now not-enforceable?

    HOA are notorious for selectively enforcing their own rules when they want, and to whom they want.
    I'm not the one to say, but it may be in your favor to be able show that exceptions have been made in the past or,
    it may not.
    Have you met with the HOA yet?
    What was the outcome?
    They may be willing to accept a "special assessment fee" or they may take you to court, to make you tear down the fence,
    or move.
    Good Luck.

    .._______________
    ~ Political correctness is a doctrine, fostered by a delusional, illogical minority,
    and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that, it is entirely possible to pick up a turd,
    by the clean end. ~ unknown
    Last edited by drruthless; 05-10-2012 at 12:57 AM.

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