Selective enforcement is not just unfair — it is illegal under Texas law. Section 202.004 of the Texas Property Code prohibits arbitrary or capricious enforcement of deed restrictions and awards $200 per day in statutory damages against HOAs that continue enforcing after being put on notice. If your neighbors have the same alleged violation and the HOA has done nothing about them, you have a legal claim — not just a grievance.
Texas courts have identified the core elements of a selective enforcement claim under §202.004. The strength of your claim depends on how many of these you can establish with evidence.
Strong foundation. Three or more documented comparators is the threshold Texas courts look for in §202.004 selective enforcement claims. Date-stamp your photos of the neighboring violations today — the date matters for damages calculations.
Build the record before the consultation. Drive the neighborhood this week. Photograph every property with the same alleged violation — fence, parking, landscaping, exterior — and note the addresses. Date-stamp every photo. Three comparators with documented dates creates a viable claim. One anecdotal comparator does not.
Selective enforcement alone may not be your strongest path. Without comparators, the §202.004 claim is difficult to sustain. However, your §209 procedural rights still apply fully — notice defects, hearing rights, cure period violations, and collection defects. The consultation will identify which levers are available given your facts.
Your §202.004(c) damages clock is running. The date you submitted comparator evidence in writing to the board is the date "knowing arbitrary enforcement" began. Statutory damages of $200 per day per violation accrue from the day after that submission — as long as the HOA continued to enforce against you. Calculate the number of days and multiply by $200. That is your damages floor.
Verbal notice does not start the §202.004(c) clock. Send the comparator evidence in writing today — certified mail to the board president and to the management company — with photographs, addresses, and dates. The day you deliver that letter is Day 1 of the damages calculation. Every day the HOA continues to enforce against you after receiving that letter is another $200.
Send it today. The §202.004(c) damages clock does not start until you put the evidence in front of the board in writing. Nothing stops you from sending it right now. A certified letter to the board president with photographs of the comparator violations and their addresses is the document that starts the clock and creates the "knowing arbitrary enforcement" element of your claim.
This is the strongest §202.004(c) posture. Continued enforcement after documented receipt of comparator evidence is the "knowing arbitrary" element. Courts have awarded statutory damages at $200/day in this posture. Your damages claim is now a counterclaim — not just a defense. That changes the HOA's litigation calculus entirely.
Escalation after evidence submission is powerful evidence. An HOA that sends the matter to a law firm or threatens foreclosure after receiving written comparator evidence has now exposed its board and management to the full §202.004(c) statutory damages claim. The fee-shifting provisions under §5.006 and §209.008 stack on top. The HOA's litigation cost exposure now significantly exceeds the original fine amount in most cases.
Hold your position and document everything. If the HOA paused enforcement after receiving your evidence, that pause itself is evidence of the arbitrary nature of the original enforcement. Do not assume the matter is resolved — HOAs frequently resume enforcement after a period of inaction. Keep your comparator photos dated and your written record intact. The consultation can help you determine whether a declaratory judgment action makes sense to permanently resolve the issue.
Section 202.004 of the Texas Property Code has two operative parts that work together. Understanding both is essential to understanding your claim.
"A property owners' association or other representative designated by an owner may not selectively enforce a restriction against an owner in an arbitrary or capricious manner."
This is the affirmative prohibition. The HOA cannot enforce a restriction against you while ignoring the same restriction as applied to other owners — without a legitimate, non-arbitrary justification. The burden of proving a legitimate justification is on the HOA once you establish the pattern.
"A court may assess civil damages for a violation of Subsection (a) in an amount not to exceed $200 for each day of the violation."
This is the remedy. $200 per day per violation — not per incident. If the HOA is enforcing three separate alleged violations against you while ignoring the same three violations by neighbors, the damages exposure is $600 per day. The clock starts when the HOA had documented knowledge of the discriminatory enforcement and continued anyway.
This is why documented selective enforcement claims change the settlement calculus. The HOA's exposure can far exceed the original fine amount — which is often the leverage that produces dismissal and resolution.
Selective enforcement claims are won or lost on documentation. Texas courts look for specific types of evidence. Collect everything on this list before your consultation.
The most powerful HOA defense combines both levers. §209 procedural defects defeat the demand. §202.004 creates a damages counterclaim. Together they change the HOA's entire litigation calculus.
Selective enforcement is not just unfair — it is a statutory violation with a $200-per-day damages remedy. The evidence you collect today determines what your claim is worth tomorrow. A 15-minute conversation is where it starts.
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This page is for general informational purposes only and does not constitute legal advice for any individual case. Nothing on this page creates an attorney-client relationship. Texas Property Code citations are accurate as of the date of publication and are subject to legislative amendment. The damages calculations shown are illustrative examples only — actual damages depend on the specific facts and evidence in each case. Consult a licensed Texas attorney about your specific situation. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480 · Iowa Colony, TX