Can a HOA randomly enforce guidelines on a few “select” neighbors and not on others?

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Can a HOA randomly enforce guidelines on a few “select” neighbors and not on others?

Guidelines went into effect 3 months ago. HOA established 19 years ago. Inconsistent enforcement of guidelines. Guidelines changed to exempt HOA board members.

Asked on October 1, 2011 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, the homeowner's association must uniformally enforce all guidelines set forth in its bylaws and the recorded "covenants, conditions & restrictions" as to all evenly and not judt a select few. If the guidelines concerning the association have been "changed" to exempt association board members and there is no rationale basis for the exemption then the guidelines as written are arbitrary and not enforceable.

If you have additional concerns as to whats is occuring with respect to the association where your home is located and the enforcement of rules and regulations in an evenly manner, you might wish to contact an attorney experienced in dealing with planned unit developments such as the one you live in.


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