What does selective enforcement refer to in community associations?

Selective enforcement in community associations refers to the practice of enforcing some covenants while not enforcing others. This can occur when a community association chooses to apply rules unevenly, which can lead to perceptions of favoritism or inequality among members.

The rationale behind selective enforcement often stems from the association's priorities or perceived severity of specific rule violations. For instance, an association might decide to address more serious infractions, such as safety violations, while overlooking minor issues that may not impact the community as significantly. This practice can create challenges, as it may result in residents feeling that the rules are not being applied consistently, potentially leading to disputes or dissatisfaction within the community.

Understanding selective enforcement is crucial for community associations because it highlights the importance of consistent rule application. If a board consistently applies rules and enforces covenants, it fosters a sense of fairness and community trust. On the other hand, selective enforcement, although sometimes seen as practical by managing immediate issues, can undermine the legitimacy of the governing documents and the association's authority if members believe that certain individuals or situations are treated differently without fair justification.