Practice Area

Selective Enforcement Defense — When the HOA Ignores Everyone Else

Texas Courts · Ch. 202 & 209

Situation — How This Comes Up

My HOA is fining me for violations that five other neighbors have been committing for years without any action.

What You Need to Know First

Selective enforcement is a complete defense to an HOA enforcement action in Texas. If the HOA enforces a restriction against you while ignoring the same violation by others, that inconsistency can defeat the entire case.

Full Analysis

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.

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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