Living in a beautiful coastal community like Long Beach often means being part of a Homeowners Association (HOA). These organizations exist to maintain property values and community standards along the Pacific Coast Highway and throughout our local neighborhoods. But frustration quickly sets in when you realize the rules seem to apply to you, but not to everyone else.
Maybe you received a violation notice for your trash cans being visible from the street, yet your neighbor has had a broken-down vehicle in their driveway for months without a peep from the board. This is known as selective enforcement. If you are wondering what to do if your HOA is not enforcing the rules consistently in California, it is important to understand that state law provides specific protections for homeowners facing arbitrary treatment.
Understanding Selective Enforcement Under California Law
In California, the relationship between a homeowner and an HOA is governed primarily by the Davis-Stirling Common Interest Development Act. Under California Civil Code Section 4350, an operating rule is only valid and enforceable if it is in writing, within the board’s authority, and reasonable.
Selective enforcement occurs when an HOA board enforces a rule against one member while ignoring the same violation by others. This often may support a legal defense for the homeowner being targeted. California courts have historically held that if a board acts in an arbitrary or capricious manner, its enforcement actions may be deemed invalid. Essentially, the board cannot pick and choose which neighbors must follow the Covenants, Conditions, and Restrictions (CC&Rs) based on personal preference or social standing within the community.
Your Rights Under the Davis-Stirling Act
The Davis-Stirling Act serves as the framework for nearly all residential common interest developments in the state. Beyond the requirement for reasonableness, other statutes protect your right to fair treatment:
- Fiduciary Duty: Board members owe a fiduciary duty to the entire association. This means they must act in the best interest of the community, not their friends or themselves. Failing to enforce rules evenly can be seen as a breach of this duty.
- Architectural Review: If your dispute involves home improvements or paint colors, California Civil Code Section 4765 states that the board’s decision-making process must be fair, reasonable, and expeditious. Decisions must be made in good faith and cannot be arbitrary or capricious.
- Notice and Hearing: Before the HOA can fine you or take disciplinary action, they must provide you with notice at least 10 days prior to the meeting where the board will decide to impose discipline, as required by California Civil Code Section 5855.
Steps to Take When Enforcement Is Inconsistent
If you feel you are being unfairly targeted by your board in Long Beach or the surrounding Los Angeles County area, taking a systematic approach can help resolve the issue.
1. Gather Evidence of Inconsistency
Documentation is the most powerful tool in a selective enforcement dispute. If you are being fined for a specific violation, take photos of other properties in the association that have the same violation but have not been addressed. Keep a log of dates, times, and any communication you receive from the board or the management company.
2. Review Your Governing Documents
Carefully read your CC&Rs, bylaws, and the association’s fine schedule. Sometimes, what feels like unfair treatment is actually a misunderstanding of a specific rule. You should also look for the Internal Dispute Resolution (IDR) policy, which every California HOA is required to have.
3. Request Internal Dispute Resolution (IDR)
California law requires HOAs to provide a fair, reasonable, and expeditious procedure for resolving disputes. Under California Civil Code Section 5910, either the homeowner or the association can request a meet and confer session. The association cannot charge a fee for this process. If you request it in writing, the association must participate.
4. Participate in Alternative Dispute Resolution (ADR)
If the IDR process does not work, the next step is often Alternative Dispute Resolution, typically mediation or arbitration. In many cases, California Civil Code Section 5930 requires that both parties attempt ADR before a lawsuit can be filed to enforce the governing documents. This requirement applies to enforcement actions for declaratory, injunctive, or writ relief, or for that relief combined with monetary damages within small claims limits.
When Should You Consider Legal Action?
Taking an HOA to court is a serious step and is usually seen as a last resort. But if the board continues to act in bad faith or refuses to follow the law, litigation may be necessary. Under California law, the governing documents of an HOA are enforceable equitable servitudes. This means that either a homeowner or the association can sue to enforce the rules.
Why Consistent Enforcement Matters for the Community
When a board fails to enforce rules consistently, it does more than just upset one homeowner. It can actually undermine the legal validity of the rules themselves. If an HOA allows a violation to persist for years without action, it may be found to have waived its right to enforce that specific rule in the future. This creates a chaotic environment where property values can fluctuate because the standards of the community are no longer clear.
In areas where property standards are high, a lapse in uniform enforcement can lead to significant friction between neighbors. A board that operates with transparency and fairness is always better for the long-term health of the association.
How We Can Help You
At West Coast Defense, we understand that your home is likely your most significant investment. When your HOA board acts unfairly, it feels personal and intrusive. We take a hands-on approach to help our neighbors in Long Beach handle these disputes with clarity and confidence. Whether you need a thorough review of your CC&Rs or representation during a mediation session, we are here to support you. We believe in providing clear, practical advice to resolve these matters efficiently so you can get back to enjoying your home.
If you are dealing with a board that refuses to follow the rules fairly, call us today at 562-534-7848 to discuss your situation. We offer free consultations to help you understand your options and determine the best path forward for your specific case.
