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How HOAs can prevent selective enforcement

On Behalf of | Jul 20, 2021 | Uncategorized

In order for an HOA to be the most effective, it needs to enforce its rules fairly among residents in Michigan. However, this doesn’t always happen, and many HOAs find themselves in the middle of a lawsuit as a result. Here’s how HOAs can keep selective enforcement from happening.

Understanding how it occurs

Many HOAs don’t understand exactly what selective enforcement is. It basically involves letting some residents get away with things that others get punished for. This often happens in HOAs that have long-time residents. Board members may have become friends with some of the residents and let them break certain rules that they don’t let newer residents break.

Talking to the board members about how detrimental it is

It’s not uncommon for the members of an HOA board to not know how detrimental selective enforcement is. If a resident feels that he or she is being treated unfairly, he or she may seek the assistance of an attorney with experience in homeowner association law. If it’s found that the HOA has practiced selective enforcement, it may end up having to pay a fine and monetary compensation to the resident that brought about the suit. Each board member should thoroughly know the rules of the community. If a resident complains that he or she feels that he or she is being treated unfairly, the board members should sit down together to figure out if they are, in fact, practicing selective enforcement.

Many HOAs do struggle with finding the perfect balance of enforcing their rules and keeping their residents happy. In order to make a community a peaceful place to live, HOAs must make sure that they aren’t practicing selective enforcement. If they are, they may wind up having to face a lawsuit from a resident that feels that he or she is being treated in an unfair manner.

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