Why Do Some Neighbors Get Away With Everything While I Get Written Up?
Disclaimer: This blog is for California residents only.
If you’ve ever asked yourself, “Why did I get a violation notice when my neighbor did the same thing with zero consequences?” – you’re not alone.
Selective enforcement is one of the most common and infuriating HOA complaints across California.
Whether it’s parking rules, pet rules, balcony plants, noise complaints, or architectural approvals, some homeowners feel targeted while others seem to get special treatment.
When rules feel unfair, resentment grows, trust breaks, communities divide, but here’s the truth:
- California law protects homeowners from selective or discriminatory enforcement.
- You have the right to request proof AND consistency.
- HOAs must enforce rules fairly or they risk legal exposure.
Let’s break it down clearly and fairly.
What Counts as Selective Enforcement?
Selective enforcement happens when an HOA:
- Enforces rules on some homeowners but not others
- Issues fast violation notices to specific homes while ignoring others
- Ignores complaints from some residents but acts quickly for others
- Applies harsher penalties to certain homeowners
- Makes approvals or denials based on favoritism, not rules
This isn’t just frustrating, in many cases, it may violate California Civil Code, Davis–Stirling Act, and the board’s fiduciary duty to treat all homeowners fairly.
What the Law Says (California)
HOAs must enforce rules consistently for all homeowners. If they don’t, their actions may violate:
| California Legal Protection | Summary |
|---|---|
| Fiduciary Duty | HOA boards must act in good faith and serve all members fairly. |
| Davis-Stirling Act | Rules must be uniformly enforced – or owners may have legal grounds to challenge them. |
| Equal Enforcement Requirement | Rules are unenforceable if selectively enforced. |
| Fair Housing Laws | Bias based on race, disability, age, family status, etc. is strictly illegal. |
Verbal Complaints Don’t Count – Use Written Requests Only
One key frustration:
I told them about the violation but nothing happened!
Verbal complaints don’t hold legal weight. Written requests do.
To protect yourself:
✔ Send emails – not texts or calls
✔ CC the community manager (if applicable)
✔ Request acknowledgment of receipt
✔ Keep a copy for your records
✔ Be factual – not emotional
Most issues are resolved before legal action – because written documentation makes it harder to ignore you.
The Real Goal
The goal is equal treatment, peace in the community, and financial protection for homeowners. You are not to pick fights, not shaming, nor blaming, and not to embarrass anyone. You are simply trying to protect yourself and other homeowners, restore trust, and ensure HOAs follow the rules they themselves created.
Final Thought
Whether you own a cat, a dog, have plants that grow above the fence line, or just want peace and fairness in your neighborhood, every homeowner deserves fair and equal treatment.
If an HOA writes violations, they must write them for everyone or for no one at all.
Ready to Protect Yourself?
We made it easy.
- Visit https://www.hoavictorykit.com/ and download your HOA Victory Kit today.
- Learn how to document selective enforcement properly
- Don’t fight alone – empower your entire community
Your HOA works for YOU, not the other way around.