New homeowners’ associations (HOA) recently took over for the Zanjero Trails Coomunity, and it appers to be there first order of busness was to provide Courtesy Notice for violations that are the same violations that the common areas have.  We recently received a “Courtesy Notice” regarding a single dead plant on our property, with a directive to resolve the issue within 14 days. To gain perspective, I took a walk through some common areas and noticed several dead plants under the HOA’s management. Concerned about the apparent double standard, I contacted the association to discuss the matter and questioned how they could hold homeowners to a certain standard while not adhering to it themselves.

To further address the issue, I sent an email to the HOA, highlighting the situation and including the following information for broader awareness:

Selective Enforcement and Arizona Law

Selective enforcement by homeowners’ associations (HOAs) occurs when rules or policies are applied inconsistently, targeting certain homeowners while ignoring similar violations by others. This practice raises concerns of unfair treatment and can lead to legal disputes.

When someone says “selective enforcement has been accomplished,” it could indicate the following:

• A Pattern of Inconsistency: Evidence shows the HOA enforces its rules selectively.
• Legal Resolution: Homeowners have successfully challenged the HOA in court or arbitration, proving unfair enforcement.
• Corrective Action: The HOA has acknowledged the issue and updated its practices to enforce rules equitably.

Arizona’s Laws on HOA Enforcement

Under Arizona law, HOAs must enforce rules uniformly. Relevant statutes include:

• Arizona Revised Statutes §33-1803: Applicable to planned communities.
• Arizona Revised Statutes §33-1242: Applicable to condominiums.

If homeowners experience selective enforcement, they have several options:

• Request Mediation: Attempt to resolve the issue outside of court.
• File a Complaint: Submit concerns to the Arizona Department of Real Estate or pursue civil litigation.
• Use Selective Enforcement as a Defense: Argue against enforcement actions if the HOA has ignored similar violations elsewhere.

Legal Outcomes

Courts may rule against an HOA if selective enforcement is proven, which could invalidate specific enforcement actions or require changes to the HOA’s enforcement practices.

Conclusion

Although we will comply with the notice, we hope this raises awareness of the importance of fair and consistent rule enforcement by HOAs.