Defenses & StrategyFL
Selective Enforcement: How Florida Courts Treat Uneven HOA Enforcement
By The HOARebel Team · May 12, 2026 · 3 min read
Selective enforcement is one of the better-known defenses to an HOA fine because it puts the association's own conduct in question. The underlying idea: Florida courts have been reluctant to let an association enforce a rule against one owner while letting neighbors break the same rule freely. This article explains how the doctrine works as general information — it is not legal advice, and whether it applies to any situation is a question for a licensed attorney.
Why selective enforcement works
Unlike the fine caps and records deadlines, selective enforcement isn't spelled out in a single Chapter 720 section — it comes from Florida case law. The foundational decision is White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979), where the Florida Supreme Court refused to let an association enforce a restriction it had ignored against others. Even where a restriction is valid, the court held, an association can be estopped from applying it selectively:
"An association may not enforce restrictions in a selective or arbitrary manner." — White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979)
Covenants are enforced as a kind of mutual promise among owners. Where a board has tolerated the same conduct for years, courts have found it can be estopped from suddenly enforcing the rule against one owner — particularly where the enforcement appears arbitrary, retaliatory, or discriminatory. (White Egret arose in a condominium, but Florida courts apply its selective-enforcement principle to covenant enforcement generally, including HOAs.)
In plain terms: if everyone on the street has a basketball hoop and only one owner is fined, courts have treated that unevenness as a problem for the association.
What the argument generally rests on
Courts considering selective enforcement have looked at whether:
- The same violation exists elsewhere in the community and is visible or known to the association.
- The association has not enforced the rule against those other owners.
- One owner is being singled out, with no rational basis for the different treatment.
Evidence that the board knew about the other violations and did nothing tends to carry the most weight.
The role of documentation
Because selective enforcement turns on evidence, the strength of the record often matters. Homeowners and attorneys describe the kinds of evidence that come up:
- Photos of comparable violations elsewhere in the community — same rule, same conduct, different home — with addresses and dates.
- A timeline, since a pattern over time tends to be more persuasive than a single snapshot.
- Preserved communications, such as prior reports of other violations the board didn't act on.
- An organized summary tying it together (address, violation, photo, date).
A single photo of one non-compliant neighbor is an anecdote. A dated, organized record of many is the kind of evidence courts have found persuasive.
Where it tends to come up
Selective enforcement is commonly raised at the committee hearing and carries through if a dispute later reaches mediation or court. In Florida, many HOA covenant-enforcement disputes require pre-suit mediation under §720.311 before litigation (the collection of a fine itself is excluded).
A note on timing
Selective enforcement is fact-intensive, and associations sometimes attempt to "cure" it by sending notices to everyone at once. Where that happens after one owner has already been targeted, courts have at times viewed the timing as relevant to whether the earlier enforcement was improper. An attorney can assess how these facts apply to a specific case.