When an association enforces against an owner, it is not uncommon for that owner to claim the association is selectively enforcing against the owner by not enforcing against violations of other owners as well. The claim arises out of an association's duty to treat owners fairly and not arbitrarily or capriciously, and often implicates the doctrine of waiver, as well, which usually involves a failure of an association to object to other violations of the same or similar restriction such that it would be unfair to allow the association to enforce the restriction against the current violation. Abandonment of covenant is a close cousin and is also often implicated.
A restriction is arbitrarily (and selectively) enforced if
Members Area. This resource is available to members. Join us by subscribing today!
(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)