HOA Law – Selective Enforcement

Arizona homeowners often feel frustrated when it seems like their homeowners’ association (“HOA”) has decided to start randomly or inconsistently enforcing certain rules, especially after years of non-enforcement.

It can appear to the homeowner that they are being singled out for a rule that many of their neighbors are also breaking, but without any similar consequences.

This type of enforcement can include things like external paint colors or textures, fence styles, garage doors, and landscaping choices, among other things. Being forced to make changes at the whim of the HOA can be costly and unwanted.

Under a combination of statutory provisions and court decisions, Arizona HOAs have a duty to enforce their rules in an unbiased, reasonable, and just manner towards all residents.

If you find yourself being penalized for rules that have long gone unenforced, or if your alleged violations are prevalent in your neighborhood, it may well be worthwhile to have an attorney review the situation to determine your rights.

The Brei Law Firm has successfully represented both homeowners and HOAs in a variety of disputes. Our attorneys’ real-world experience has shown us the best ways to negotiate our clients’ interests. Our Tucson Law Firm is available at 520-297-4411.

© 2026 Brei Law Firm. Please note: this article is not intended to, nor does it, constitute legal advice, and is for informational purposes only. To obtain legal advice, please consult a qualified attorney.