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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42219
Experience:  Texas Attorney for 30 years dealing in real estate
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Where under Texas law is the requirement that the HOA cannot

Customer Question

Where under Texas law is the requirement that the HOA cannot engage in unreasonable selective enforcement?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
Texas does not have a specific law banning selective enforcement.Your lawyer would argue that even though the HOA can enforce the CCRs they cannot discriminate and only enforce against some individuals.It is an equity or fairness argument not about the rules but that it is not being applied evenly.
To prove selective enforcement in your case, you would have to show that the HOA fined you, or took other adverse action against you, without taking the same action against other homeowners that have the same violation. Alternatively, you could show that the HOA was not enforcing the rules at all against certain homeowners, which would be a breach of their fiduciary duty.
You can talk to other owners, gather statements, see if they would join you in a demand letter and suit if they have been singled out as well here.
You can have local lawyer send demand letter for enforcement or threat of a civil suit seeking damages including lawyer fees.
I appreciate the chance to help you tonight.Please let me know if you havemore follow up.