📋 HOA Selective Enforcement Defense
California's Davis-Stirling Common Interest Development Act (Civil Code 4000-6150) governs homeowners associations. When an HOA enforces rules against some homeowners while ignoring similar violations by others, this creates a "selective enforcement" defense that can invalidate fines and enforcement actions.
What is Selective Enforcement?
Selective enforcement occurs when an HOA:
- Enforces rules against some owners but not others with identical violations
- Targets specific homeowners based on personal conflicts or discrimination
- Applies rules inconsistently without legitimate reason
- Ignores widespread violations while citing individual homeowners
⚖ Equal Treatment Required
HOAs must enforce rules uniformly. Inconsistent enforcement can waive the HOA's right to enforce rules.
📝 Document Everything
Photos and records of similar violations by other owners are key evidence for a selective enforcement defense.
⚠ IDR First
California requires Internal Dispute Resolution (IDR) before most HOA lawsuits can proceed.
👥 ADR Available
Alternative Dispute Resolution (mediation/arbitration) is available and often required before court.
⚠ Complete IDR/ADR Before Filing Suit
Under Civil Code 5930, before filing a lawsuit against your HOA (other than small claims), you must complete the IDR process and offer to participate in ADR. Failure to do so can result in dismissal of your case. See the IDR/ADR section below for details.
⚖ Davis-Stirling Act Overview
The Davis-Stirling Act is California's comprehensive law governing HOAs. Here are the key provisions relevant to enforcement disputes:
Civil Code Section 4340
Requires HOA operating rules to be reasonable, applied uniformly, and adopted through proper procedures. Rules that are not uniformly enforced may be unenforceable.
Civil Code Section 5850-5870
Establishes Internal Dispute Resolution (IDR) procedures. Members have a right to request IDR with the board before formal legal action.
Civil Code Section 5900-5920
Alternative Dispute Resolution (ADR) provisions. Either party can request mediation or arbitration for HOA disputes.
Civil Code Section 5855
Before imposing fines or suspending privileges, HOA must give notice and opportunity to be heard. Proper procedure is required.
Civil Code Section 4765
Architectural review guidelines must be in writing and available to members. Decisions must be made in good faith.
Homeowner Rights Under Davis-Stirling
- Fair treatment: Rules must be applied uniformly to all members
- Notice and hearing: Required before fines or disciplinary action
- Access to records: Right to inspect HOA books and records
- IDR/ADR: Right to dispute resolution before litigation
- Meeting attendance: Right to attend open board meetings
- Written standards: Architectural guidelines must be in writing
⚠ Building a Selective Enforcement Defense
To successfully raise a selective enforcement defense, you need to prove the HOA enforces rules against you while ignoring the same violations by others.
Elements of Selective Enforcement
- Same or similar violation: Other owners have the same or substantially similar condition you are being cited for
- HOA knowledge: The HOA knows about the other violations (or should know through reasonable enforcement efforts)
- No enforcement: The HOA has not cited or enforced against the other owners
- No legitimate reason: There is no reasonable explanation for the different treatment
Evidence You Need to Gather
📷 Photograph Similar Violations
Take dated photos of other homes with the same violation. Google Street View historical images can also show longstanding violations.
📝 Request Records
Under Civil Code 5200, request HOA records showing enforcement history, including violations issued to other owners.
👥 Neighbor Statements
Get written statements from neighbors about how long their (or others') violations have existed without enforcement.
📅 Timeline
Create a timeline showing when violations began, when HOA knew about them, and when/if enforcement occurred.
💡 Key Case: Liebler v. Point Loma Tennis Club
California courts have held that if an HOA allows widespread violations without enforcement, it may waive its right to suddenly enforce against individual homeowners. Document the pattern of non-enforcement carefully.
🏗 Architectural Committee Disputes
Disputes over architectural modifications are among the most common HOA conflicts. California law provides specific protections for homeowners.
Your Rights in Architectural Review
| Requirement | Description |
|---|---|
| Written Guidelines | Architectural guidelines must be in writing and available to you (Civil Code 4765) |
| Timely Decision | HOA must respond within 60 days of receiving a complete application, or request is deemed approved |
| Written Decision | Denials must be in writing with explanation of which guidelines are violated |
| Consistent Standards | Guidelines must be applied uniformly - can't deny your request if similar requests were approved |
| Solar Rights | HOA cannot unreasonably restrict solar energy systems (Civil Code 714) |
| Drought Landscaping | HOA cannot prohibit drought-tolerant landscaping (Civil Code 4735) |
💡 60-Day Deemed Approval Rule
Under Civil Code 4765, if the HOA does not respond to a complete architectural application within 60 days, the application is deemed approved. Keep proof of when you submitted your application and what it contained.
💰 Disputing HOA Fines
Before an HOA can impose a fine, it must follow specific procedures under the Davis-Stirling Act.
Required Fine Procedures (Civil Code 5855)
- Written notice: At least 10 days before the hearing
- Opportunity to be heard: You must be allowed to present your case to the board
- Written decision: The board must provide a written decision within 15 days
- Executive session: The hearing must be in executive session if you request it
Grounds to Challenge Fines
⚠ Procedural Violations
Fine is invalid if HOA did not provide proper notice and hearing opportunity.
⚖ No Valid Rule
Fine must be based on an existing, properly-adopted rule that you actually violated.
🔍 Selective Enforcement
Same violation exists at other properties without enforcement.
💰 Excessive Amount
Fine amount is unreasonable or not authorized by the CC&Rs.
⚠ Attend the Hearing
Always attend the noticed hearing and present your defense. If you skip the hearing, you lose important arguments. Bring photos, documents, and witnesses supporting your position.
👥 IDR and ADR Requirements
California law requires certain dispute resolution steps before you can file a lawsuit against your HOA.
Internal Dispute Resolution (IDR)
Under Civil Code 5900, you have the right to request IDR. The HOA must have an IDR procedure in its rules. Typical IDR process:
Step 1: Request IDR in Writing
Send a written request for IDR to the HOA board. Keep a copy and send via certified mail or email with delivery confirmation.
Step 2: Meet with Board Representative
The HOA must designate a board member or representative to meet with you within a reasonable time (typically 30-45 days).
Step 3: Discuss and Attempt Resolution
Present your case and proposed resolution. The meeting should be in good faith to attempt resolution.
Step 4: Written Agreement or Conclusion
If resolved, get written agreement. If not, document the failed IDR attempt for your records.
Alternative Dispute Resolution (ADR)
Under Civil Code 5930, before filing most lawsuits, you must:
- Request ADR (mediation or arbitration) in writing
- Wait for HOA response (30 days)
- Complete ADR if both parties agree, OR
- Document HOA's refusal to participate in ADR
⚠ Lawsuit May Be Dismissed
If you file a lawsuit without first requesting ADR in writing, the court may dismiss your case or order you to complete ADR. Always document your IDR and ADR attempts with dates and written records.
🖩 Hoa Selective Enforcement Damages Calculator
Use this interactive calculator to estimate potential damages in your case. Enter your information below to get an estimate of recoverable damages.
📈 Estimated Damages Breakdown
✅ Evidence Checklist
Gather this evidence to support your selective enforcement defense or HOA dispute claim:
📷 Similar Violations
- ✓ Dated photos of other properties with same violation
- ✓ Google Street View historical images
- ✓ List of addresses with similar conditions
- ✓ Neighbor written statements
📄 HOA Documents
- ✓ CC&Rs and governing documents
- ✓ Architectural guidelines
- ✓ Rules and regulations
- ✓ Fine schedule
📝 Your Violation Records
- ✓ All violation notices received
- ✓ Hearing notice and results
- ✓ Fine notices and amounts
- ✓ Your written responses
📈 Enforcement History
- ✓ Records request to HOA (enforcement actions)
- ✓ Board meeting minutes discussing violations
- ✓ Prior approvals of similar modifications
- ✓ IDR/ADR request documentation
📝 Sample Demand Letter
Use this template to demand the HOA rescind unfair enforcement. This should be sent after or in conjunction with your IDR request.
[DATE]
[HOA NAME]
Attn: Board of Directors
[HOA/MANAGEMENT ADDRESS]
Re: Request for Internal Dispute Resolution and Demand to Rescind Enforcement
Property: [YOUR ADDRESS]
Violation Reference: [VIOLATION NUMBER/DATE]
Dear Board of Directors:
Pursuant to California Civil Code Section 5900, I am formally requesting Internal Dispute Resolution (IDR) regarding the violation notice and fine issued against my property. I am also demanding that the HOA immediately rescind this enforcement action due to selective enforcement.
The enforcement action against my property constitutes selective enforcement in violation of California law. I have documented the following identical or substantially similar violations at other properties in the community that have not been cited or enforced:
1. [Address #1] - [Description of same violation, how long it has existed]
2. [Address #2] - [Description]
3. [Address #3] - [Description]
Photographs documenting these violations are attached. Under California law, an HOA must enforce rules uniformly. The HOA's failure to enforce against these other properties while singling out my property constitutes selective enforcement that renders this action unenforceable. See Liebler v. Point Loma Tennis Club (1995) 40 Cal.App.4th 1600.
I hereby demand that the HOA:
1. Immediately rescind the violation notice and any fines assessed
2. Remove any reference to this violation from my account and records
3. Cease selective enforcement and either enforce uniformly against all violators or cease enforcement entirely
4. Confirm in writing that this matter is resolved
IDR REQUEST:
Pursuant to Civil Code 5900, I request an IDR meeting with a designated board member within 30 days. Please provide available dates and times.
ADR NOTICE:
If this dispute is not resolved through IDR, I am prepared to pursue Alternative Dispute Resolution pursuant to Civil Code 5930. Please consider this letter as formal notice of my willingness to participate in mediation.
I expect a written response within 15 days of the date of this letter.
- Photographs of similar violations at other properties (dated)
- Copy of violation notice I received
- [Other supporting documentation]
Please direct your response to:
[YOUR NAME]
[YOUR ADDRESS]
[YOUR PHONE]
[YOUR EMAIL]
Sincerely,
____________________________
[YOUR NAME]
Owner, [YOUR ADDRESS]
Need Legal Help?
HOA disputes can be complex. Get a 30-minute strategy call with an attorney experienced in Davis-Stirling Act cases.
Book Consultation - $125California Resources
- Davis-Stirling Act (Civil Code 4000-6150): leginfo.legislature.ca.gov
- CA Dept. of Real Estate: dre.ca.gov - HOA information
- ECHO (Executive Council of Homeowners): echo-ca.org
- CAI (Community Associations Institute): caionline.org
- State Bar Lawyer Referral: calbar.ca.gov
- Small Claims Court: courts.ca.gov/smallclaims.htm (up to $12,500)