Selective Enforcement Defense — When the HOA Ignores Everyone Else
Texas courts have consistently held that selective enforcement — applying deed restrictions to some owners while ignoring identical violations by others — is a complete defense and can be asserted both defensively and as an affirmative counterclaim.
HOA Retaliation — When Enforcement Is Pretextual
Retaliatory enforcement by an HOA — targeting a homeowner because they exercised their legal rights — can support claims for injunctive relief, damages, and attorney’s fees. The timing of the enforcement action is often the most powerful evidence.