Unlawful Violation Fees & Selective Enforcement

...What Every Homeowner Should Know

If you live in an HOA-controlled community, you’ve probably received a violation notice at some point. Maybe it was for parking, landscaping, or something as trivial as riding a bike or skateboard. But what happens when these fines are unlawful? Worse yet, what if they are being selectively enforced?

That’s exactly the situation I’m dealing with right now. Im currently looking at two (2) envelopes containing twenty-one (42) violation notices—each charging me $50—for the exact same alleged infraction. But here’s the problem:

  • The HOA’s 501(c)(4) tax status legally prohibits them from charging arbitrary fines. They can only impose fees that cover the actual cost of repairing damages. If there’s no damage, there’s no legal basis for the fee.
  • The HOA’s CC&Rs don’t support this violation. If a rule isn’t clearly documented in the governing documents, the board cannot legally enforce it.
  • Selective enforcement is illegal. If the HOA is punishing one homeowner while ignoring others for the same “violation,” that’s a direct breach of fiduciary duty.

What is Selective Enforcement?

Selective enforcement happens when HOA rules are not applied equally across all homeowners. This often stems from a board member’s personal bias or retaliation, rather than an objective enforcement of community rules.

Under California law, HOAs are required to enforce rules fairly and consistently. The Davis-Stirling Act protects homeowners from arbitrary or retaliatory enforcement by requiring uniform application of the CC&Rs.

If you believe you’re a target of selective enforcement, document everything and demand transparency.

How to Fight Back Against HOA Overreach

  1. Know Your Rights. The California Civil Code Section 501(c)(4) restricts HOAs from charging excessive fees. If the fine isn't tied to an actual cost, it’s invalid.
  2. Request HOA Records. You have the legal right to request:
    • A list of all violation notices issued in the past two years.
    • Meeting minutes where these enforcement decisions were discussed.
    • Financial records showing where collected fines have been allocated.
      If they refuse to provide this information, they are violating California law.
  3. Demand Accountability. If the HOA is engaging in selective enforcement, call them out. File a formal request for review. If they ignore or dismiss you, escalate to legal counsel.
  4. Expose Their Violations. The easiest way to force accountability? Make it public. Most HOA boards operate in secrecy, assuming homeowners won’t push back. When they realize their actions are being scrutinized, they panic.

Next Steps for My Case

This is more than just a series of bogus fines—it’s a legal violation that exposes the HOA to liability. I’m giving them one last chance to correct this before escalating to legal action.

If you’re dealing with something similar, don’t back down. Know your rights, demand transparency, and hold your HOA accountable.

Stay tuned—this fight isn’t over yet.




Please share! I can't stop these people without your help!

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