An association generally has a duty to treat members fairly.  See Restatement Third, Property (Servitudes) § 6.13, Utah Code §§ 57-8-10.7, 57-8a-213, 57-8-8.1, 57-8a-218.  Although no Utah statute or case law specifically imposes a duty to treat members fairly as a general matter, the duty is imposed in the Restatement, parts of which are routinely adopted by Utah appellate courts in HOA contexts.  Additionally, the duty is implied in applicable Utah law.  For instance, in Sections 57-8-10.7(1)(b) and 57-8a-213(1)(b), a board's decision not to enforce may not be challenged if the board's decision was made, among other things, "after fair review."  Also, Sections 57-8-8.1 and 57-8a-218 require rules to be fair and to "treat similarly situated owners similarly."

Arbitrary or Capricious.  Both the Condo Act and the Community Association require that a board may not be arbitrary, capricious, or against public policy in taking or not taking enforcement action.  See Sections 57-8-10.7(3) and 57-8a-213(3).  That a decision may not be "arbitrary or capricious" is a common standard imposed in the law and in that context means "founded on prejudice or preference rather than on reason or fact."  See Black's Law Dictionary, Seventh Edition, definition of "arbitrary."  One definition of arbitrary is: "having or showing a tendency to force one's will on others without any regard to fairness or necessity."  https://www.merriam-webster.com/thesaurus/arbitrary.  Antonyms of arbitrary include: consistent, equitable, evenhanded, fair, and impartial.  Antonyms of capricious include: consistent, predictable, reasonable and even.

Thus, to not treat members fairly in enforcement actions is to act arbitrarily or capriciously and is contrary to the law.

Additionally, the governing documents of an association are a contract between and among the association and the members.  Implied in every contract in the state of Utah is a covenant of good faith and fair dealing which is imputed to the parties to the contract.  Therefore, the covenant of good faith and fair dealing that is implied in the CC&Rs imposes an obligation on the association to deal fairly with owners.

See also the heading "Precedent" in Index, enforcement.