Practice Area

HOA Enforcing Rules Selectively

Texas Property Code Ch. 202 & 209

Situation — How This Comes Up

My HOA enforces rules against me but ignores the same violations by other homeowners.

What You Need to Know First

Texas courts have consistently held that selective enforcement — applying rules to some owners but not others — is a complete defense to an HOA enforcement action.

Full Analysis

Selective enforcement is a recognized defense and counterclaim under Texas HOA law. Arbitrary or discriminatory enforcement can void fines and injunctions.

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The information on this page is for general informational purposes only. Nothing here constitutes legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney–client relationship. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480