Tips & Tricks To Avoid Selective Enforcement In Your Condo Association

Condominium associations have sets of rules intended to apply to everyone equally, from the board members to the other owners. However, over time, it can be too easy to fall into what is known as selective enforcement. This can potentially cause long-term problems, because in some cases, a unit owner arguing the defense of selective enforcement of association rules can effectively undermine an association’s ability to enforce them. Avoiding this scenario is key.

Increase Transparency

This may sound simplistic, but the association just elaborating on its choices can make all the difference. Too often, owners are left feeling like they have no voice in a decision because they do not fully understand the association’s rationale in making it. If the association has objective standards for judging rule violations, and it makes those standards public by placing them on the association website or otherwise posting them to be easily seen, it will be much more difficult to allege selective enforcement.

Take Advantage Of Alternative Dispute Resolution

One of the easiest ways to avoid selective enforcement claims from condo owners is to pursue alternative dispute resolution (ADR) such as mediation or arbitration. Many declarations of condominium even establish one of these methods as a requirement when purchasing a unit. While the choice may seem arbitrary in terms of whether it is a judge or a mediator who hears a dispute, a mediator has the general advantage of being able to hear disputes more quickly; a judge has a docket, while mediators are retained individually.

Draw A ‘Line In The Sand’

It is often a good idea for an association to post a notice that certain covenants and restrictions will be enforced from that day forward. Many selective enforcement claims arise when an association has ceased to enforce old regulations, and owners ignore them – for example, an association might have a rule against placing items permanently on one’s balcony, but when owners do just that, the association does not act. If the association later chooses to enforce that rule, those owners may be able to claim selective enforcement.

Contact A Tampa Condo Association Attorney

Selective enforcement claims are insidious and can erode trust in a board very quickly. If your board is in need of help to avoid these accusations, a Tampa condo association attorney from the Seward Law Office can help. Call our office today at 813-252-6789 to schedule a consultation.