HOA Selective Enforcement: How to Document It

Short answer: “Selective enforcement” usually means a rule is applied to one owner but not to comparable neighbors. “Harassment” usually means repeated or targeted action that feels like pressure. Whether a situation is a legal problem depends on the facts, the governing documents and case law, which we did not review, and a licensed attorney can assess it. Calm steps that help in any case are keeping a dated record, asking for the association’s enforcement records in writing, and using the notice and hearing steps your state provides for fines.

Last checked: September 23, 2026. Covers: FL, TX, CA, GA, AZ, CO and WA, plus the federal fair-housing provisions cited below. Other states are not reviewed.

What do people mean by selective enforcement and harassment?

Owners use these words when a violation letter feels unfair or personal: the neighbor with the same issue was not written up, or the notices keep coming. Boards often see the same events differently. Volunteers commonly act on complaints rather than inspect every home, which can look uneven from outside. Both views can be sincere, and a written record helps each side check the facts.

What do some state statutes say about fair treatment?

We did not review case law, so we do not say what courts decide. These are statute texts we did read:

Arizona: the association has a duty to act reasonably in exercising discretionary powers, including “neutrally, fairly, without favoritism and in a nonarbitrary fashion” (A.R.S. § 33-1821, added in 2026, effective September 12, 2026, a date inferred from Arizona’s general effective-date page; the chapter does not state it).
Washington: in the newer act, the board may decide whether to enforce, and a decision not to enforce in one set of circumstances does not prevent enforcement in another, but the board “may not be arbitrary or capricious in taking enforcement action” (RCW 64.90.405(7)-(9)). That wording does not name selective enforcement, and the section is not among those the newer act applies to older communities (RCW 64.90.365(1)). Before 2028, a community created before July 1, 2018 is under the newer act only if it amended its declaration to elect it (RCW 64.90.360(2)(b)).
Texas: the statute says an association’s discretionary authority over a covenant is presumed reasonable unless a court finds it “arbitrary, capricious, or discriminatory” (Tex. Prop. Code § 202.004(a)). We did not review how courts apply that presumption.
Colorado: every duty under the act carries an obligation of good faith (C.R.S. § 38-33.3-113), and a fine needs an impartial decision maker (§ 38-33.3-209.5(2)). Communities created before July 1, 1992 are covered only by the sections listed in § 38-33.3-117, which does not list § 113, unless they elected to be subject to the whole act (§ 38-33.3-118).

Florida, California and Georgia: the rows we read did not include comparable wording on neutral or non-arbitrary enforcement. California does require monetary penalties to be reasonable (Cal. Civ. Code § 5850(a)), and Florida allows “reasonable fines” (Fla. Stat. § 720.305(2)). In Georgia’s opt-in Property Owners’ Association Act, owners must follow “reasonable rules or regulations adopted by the association pursuant to the instrument which have been provided to the lot owners” (O.C.G.A. § 44-3-223). That does not mean no other rule applies; documents and case law can.

Does federal fair-housing law matter here?

It may, if a situation involves one of the characteristics the Act lists. As of September 23, 2026, the Fair Housing Act makes it unlawful to discriminate against any person “in the terms, conditions, or privileges of sale or rental of a dwelling,” or in the provision of services or facilities connected with it. The listed grounds are race, color, religion, sex, familial status and national origin, subject to the Act’s stated exemptions (42 U.S.C. § 3604(b)). Subsection (f)(2) covers “handicap”, the statute’s word for disability. Under § 3604(f)(3)(B), discrimination includes “a refusal to make reasonable accommodations in rules, policies, practices, or services” when they may be necessary to afford that person equal opportunity to use and enjoy a dwelling. Separately, § 3617 makes it unlawful to “coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of” a right granted or protected by section 3603, 3604, 3605 or 3606, or on account of having exercised that right or having aided or encouraged another person in doing so (42 U.S.C. § 3617). Whether these provisions apply to a particular association’s conduct is a legal question for an attorney.

How can you document your situation calmly?

These are suggested practices, not legal requirements.

Keep a dated log: what happened, when, who was involved and what was said. Stick to facts.
Save every notice, email and letter, with envelopes or delivery details.
Take dated photos of your property. If you think a comparable property is treated differently, photograph only what is visible from a public street and do not confront neighbors.
Write down the rule cited, the document and section, and the deadline given.
Ask in writing and keep proof of delivery. Keep a neutral tone.
Build one timeline of dates and notices.

How do you ask for the association’s enforcement records?

Use a written records request. See How to Request Your HOA’s Records and the records request letter template. Owners commonly ask for: the notice and any file for their own property, the fine schedule or enforcement policy, and minutes where enforcement was discussed. Associations may redact other owners’ personal details. In Texas, an association authorized to fine must adopt an enforcement policy with a fine schedule. It must post the policy on a members’ website or send it yearly, and also make it available on any public website the association or its agent maintains (Tex. Prop. Code § 209.0061(d)). In California, the fine schedule must be distributed in the annual policy statement and available on request (Cal. Civ. Code § 5850). In Washington, fines follow a previously established schedule furnished to owners (RCW 64.38.020(11)).

What due-process steps apply to fines in the seven states?

State	Notice and hearing	Other limits and next steps
Florida (HOA)	At least 14 days’ written notice of the hearing right. Hearing before a committee of at least 3 members appointed by the board who are not officers, directors or employees, or their spouse, parent, child, brother or sister. The committee may only confirm or reject; written findings within 7 days; payment due at least 30 days after delivery of that notice. No fine or suspension if the violation is cured before the hearing or as the notice specifies (Fla. Stat. § 720.305(2)).	Cap of $100 per violation, and $1,000 in the aggregate for a continuing violation fined per day, unless the governing documents say otherwise (§ 720.305(2)). Collection of a fine is excluded from presuit mediation; other covenant enforcement disputes are included (§ 720.311(2)(a)).
Texas	Certified-mail notice describing the violation, any cure period and the right to request a hearing by the 30th day (Tex. Prop. Code § 209.006). If the owner is entitled to an opportunity to cure, a hearing before the board within 30 days of the request, with at least 10 days’ notice; either side may audio-record (§ 209.007(a), (c)). The notice and hearing steps do not apply to certain suits or emergency suspensions (§ 209.007(d)).	For a curable violation, no fine if it is cured within the cure period. Notice need not be repeated for a violation for which the owner was given notice and the opportunity to exercise these rights in the preceding six months (§ 209.006(d)-(e)). No general appeal beyond the board hearing. We did not find a fine cap in ch. 209.
California	At least 10 days’ written notice before the board meeting on discipline; the member may attend and address the board (Cal. Civ. Code § 5855). The board may not impose discipline if the member cures or, when curing would take longer than the notice period, gives a financial commitment to cure. Written notice of the decision within 14 days.	Internal dispute resolution may be requested (§§ 5855, 5910). Cap: the lesser of the scheduled amount or $100 per violation. A higher scheduled amount is allowed only if the violation may have an adverse health or safety impact on the common area or another member’s property, after a written finding at a board meeting open to members (§ 5850(c)-(d)).
Georgia	No statutory notice, hearing or appeal procedure for fines found in the sections read; the instrument governs (O.C.G.A. § 44-3-223, which is in the Property Owners’ Association Act and applies to developments that opted in).	Fines cannot affect voting rights (§ 44-3-223). No fine cap found in the sections read.
Arizona	Notice and an opportunity to be heard (A.R.S. § 33-1803(B)). If a notice says the condition of your property violates the community documents, you may reply by certified mail within 21 calendar days; the association must answer in 10 business days with the provision violated, the date, the observer’s name and the contest process (§ 33-1803(C)-(D)).	The association may not proceed with enforcement during the exchange unless the contest process was in the notice (§ 33-1803(E)). ADRE petition available.
Colorado	A written fines policy with notice and a hearing before an impartial decision maker (C.R.S. § 38-33.3-209.5(2)). Certified-mail notice with 30 days to cure for non-safety violations (§ 209.5(1.7)). If the owner cures within the cure period and sends notice of the cure with visual evidence, the violation is deemed cured on the date sent (§ 209.5(1.7)(b)(IV)). Small communities covered only by §§ 105 to 107 are outside these rules (§§ 116, 119).	For a non-safety violation, the total fines for the violation may not exceed $500. Fines and late fees may not be imposed on a daily basis (§ 209.5(1.7)(b)); safety violations follow a separate 72-hour notice track (§ 209.5(1.7)(b)(II)). If the owner is found not responsible, the association may not charge its costs (§ 209.5(3)).
Washington	Reasonable fines only after notice and an opportunity to be heard, under a schedule set beforehand and furnished to owners (RCW 64.38.020(11), which applies unless the governing documents provide otherwise; newer act, RCW 64.90.405(2)(l)).	No statutory appeal beyond the hearing and no dollar cap found.

Condominiums have separate rules; Florida’s condominium statute has the same $100 and $1,000 caps without the governing-documents override (Fla. Stat. § 718.303(3)).

Who can you complain to?

Routes are limited. In Florida, the Legislature chose not to create an HOA regulator (Fla. Stat. § 720.302(2)), DBPR’s own pages say it does not investigate HOA complaints, and it handles election and recall arbitration for HOAs (§ 720.311(1)). Arizona has an ADRE petition process for owner-association disputes (A.R.S. § 32-2199.01). Colorado’s HOA Information and Resource Center records complaints, and its own pages say it has no investigative or enforcement capability, and we did not find such a power in its statute (C.R.S. § 12-10-801). In Texas, Washington and California, and in Georgia today, we found no dedicated state HOA regulator in the sources we read. Georgia’s SB 406 (2026) adds a Secretary of State complaint route; the Act says January 1, 2027 for most provisions (one section July 1, 2026), and a Secretary of State FAQ gives July 1, 2026 for some other changes, a difference we have not resolved. Courts are another route in some states.

What to do next

Read the notice and the document section it cites. Note every deadline.
Start the log and timeline today. Photograph the condition of your property.
If a deadline is near, reply in writing and ask for the hearing your state provides. See How to Respond to an HOA Violation Letter.
Send a written records request for your file and the fine schedule.
If you think a protected characteristic is involved, or the situation continues, talk with a licensed attorney in your state.

Common questions

Is selective enforcement illegal? There is no single answer. Some statutes ask boards to act reasonably or not arbitrarily (see above), and federal fair-housing law covers discrimination on listed grounds. Outcomes depend on the facts, the documents and case law, and an attorney can assess them.

Can an HOA enforce some rules and not others? Statutes such as Washington’s newer act give a board discretion on enforcement, with limits: a decision not to enforce in one situation does not prevent enforcement in another, and the board may not be arbitrary or capricious in taking enforcement action (RCW 64.90.405(7)-(9)). That section does not name selective enforcement. Whether a specific pattern is a problem depends on the facts and the documents.

What can I do if my HOA is harassing me? Document the events, ask for records in writing, use any hearing right, and use the complaint routes above where they exist. A licensed attorney can review the whole picture.

Can I sue my HOA over selective enforcement or harassment? Some statutes name court routes, such as justice court in Texas for chapter 209 violations (Tex. Prop. Code § 209.017). We did not review case law, so we cannot say how a claim would fare. A licensed attorney can explain your options.

Sources

Florida: Fla. Stat. § 720.305, § 720.311, § 718.303, 2026 edition, checked September 23, 2026.
Texas: Property Code ch. 209 and ch. 202, as of September 23, 2026.
California: Civ. Code § 5850 and § 5855.
Georgia: HB 220 (2024), as passed.
Arizona: A.R.S. § 33-1803 and § 33-1821.
Colorado: C.R.S. title 38 (2026).
Washington: RCW 64.38.020 and RCW 64.90.405.
Federal: 42 U.S.C. § 3604 and 42 U.S.C. § 3617.

Important notice

Fycus is not a law firm and does not provide legal advice. Association law varies by state and by each community’s governing documents. Consult a licensed attorney for guidance specific to your association.

This page is general information, was written from official statute text as of September 23, 2026, and has not been reviewed by an attorney. Laws change; check the current text before you rely on it.

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