HOA Targeting You? Understanding Selective Enforcement in Colorado

Living in a neighborhood governed by a Colorado Homeowners Association (HOA) can be a positive experience, until it starts to feel like every decision you make is being watched, questioned, or punished. Many Colorado homeowners reach out to us with the same concern: Is my HOA targeting me?

In many cases, what homeowners describe as targeting is tied to a legal concept known as HOA selective enforcement. Understanding what that means can help you decide whether your HOA’s actions cross the line and what options may be available.

Litigation attorneys explain some of the things you can do if you feel targeted by your HOA.

Call 303-688-0944 to schedule your case assessment or book your appointment online.

Generally speaking, when you buy a home that’s part of a planned community, you will most likely be part of a homeowner’s association, or an HOA. The HOA is a legal entity established to manage and maintain the neighborhood through declarations, agreements, rules, restrictions, and bylaws.

The HOA’s members usually consist of the neighborhood’s homeowners. The original developer of the community often sets up the HOA.

The primary function of the HOA is to collect fees, maintain the neighborhood, and enforce the community's rules. That helps to maintain your standard of living in the community. In turn, it protects your property values.

Selective enforcement occurs when an HOA enforces a rule or restriction against one homeowner but not against other homeowners who are violating the same rule. The issue is not whether the rule exists; rather, the issue is whether the HOA board applies and enforces that rule fairly and consistently across the community.

Under Colorado law, HOAs are expected to follow their governing documents, including covenants, conditions, and restrictions, and to apply enforcement actions in good faith. When rules are enforced inconsistently, homeowners may be unfairly targeted, even if the rule itself is valid.

Not every disagreement with an HOA qualifies as selective enforcement. Understanding the difference matters.

Selective enforcement may involve:

• One homeowner receives violation notices while other homeowners with similar violations are ignored.

• The HOA board is enforcing a restriction against you but allowing the same restriction to be violated elsewhere in the HOA community.

• Enforcement decisions change depending on the homeowner.

Selective enforcement usually does not involve:

• A rule is being uniformly enforced for the first time.

• Minor or isolated enforcement mistakes.

• Situations where exceptions are allowed under the governing documents.

The key factor is whether the HOA applies its rules consistently or whether enforcement actions show an inconsistent pattern. 

Homeowners who feel harassed by their HOA often describe similar situations. Some common warning signs include:

• Repeated violation notices for the same issue, while similar violations by other homeowners go unaddressed.

• Retroactive enforcement of a rule after a dispute or disagreement with HOA leadership.

• Enforcement practices that are unclear or change without explanation.

• A management company or HOA board is enforcing rules without documented enforcement policies.

If you feel unfairly targeted or singled out, these patterns may be worth taking seriously. Our real estate attorneys are experienced in HOA selective enforcement cases. Consider scheduling a consultation with one of them.

Selective enforcement claims are typically based on patterns, rather than isolated incidents. For this reason, documentation often plays a crucial role in successful cases.

Homeowners should gather records such as:

• Photos showing similar violations by other homeowners.

• Complaint logs or reports of violations received by the HOA.

• Board meeting minutes discussing enforcement decisions.

• Architectural review or ARC histories, which show how rules have been applied.

Colorado homeowners generally have the right to request certain HOA records. Reviewing these materials can help show whether rules are being enforced uniformly or inconsistently.

Yes, as an HOA member, it’s essential to communicate with the HOA and regularly request information. For example, as a member, you are entitled to inspect your HOA’s records. These records include the minutes and notes from board meetings, as well as the financial health of your HOA.

As a member of the HOA, you are entitled to see:

• Financial records

• Tax returns

• Contact information for the board members of the HOA

• Contact information for members of the HOA

You can also request to look at the outcomes of designer architectural approval requests.

These are just some of the documents you are entitled to review as a member of an HOA.

If you believe your HOA is targeting you by enforcing rules against you while turning a blind eye to neighbors who break those same rules, we recommend considering legal action. 

Homeowners' associations in Colorado are governed by the Colorado Common Interest Ownership Act (CCIOA). This law outlines how HOAs must operate and provides protections for homeowners.

Under CCIOA, HOAs must:

• Follow their governing documents.

• Act in good faith when enforcing covenants and restrictions.

• Provide homeowners access to certain association records.

If an HOA attempts to enforce rules that were not properly adopted or applies rules inconsistently, those enforcement actions may be challenged. 

The CCIOA’s statutes dictate the actions of your HOA. That means your HOA’s rules must comply with state guidelines. When enforcing its own rules, the HOA must follow the procedures outlined in its bylaws and the laws under CCIOA.

These state laws protect homeowners from obscure HOA enforcement. If your HOA is trying to enforce a rule that does not seem to exist, you can refer to the CCIOA to ensure your HOA is complying with Colorado law. Colorado law, for example, requires the HOA to hold annual meetings.

Yes. HOAs must either hand-deliver or mail you a notice about an upcoming meeting between 10 and 50 days in advance - no less, no more. C.R.S. 38-33.3-308(1) 

Additionally, HOAs are encouraged to email owners about meetings, if possible:

“The association is encouraged to provide all notices and agendas required by this article in electronic form, by posting on a website or otherwise, in addition to printed form. If such electronic means are available, the association shall provide notice of all regular and special meetings of unit owners by electronic mail to all unit owners who so request and who furnish the association with their electronic mail addresses. Electronic notice of a special meeting shall be given as soon as possible but at least twenty-four hours before the meeting.” C.R.S. 38-33.3-308(2)(b)(i)

CCIOA requires that board meeting agendas be made reasonably available to homeowners or their representatives.

Special Meetings

When a situation requires immediate attention, the CCIOA requires the HOA to hold a special meeting. Notification requirements for special meetings may apply. Check your HOA’s bylaws to see whether special meeting notification differs from that for annual meetings.

It’s Up to You, the Homeowner

Essentially, it’s your responsibility to find out when routine meetings are held and whether they are routine or called to deal with a specific issue, like your potted palm.

The first step is to confirm whether your HOA is treating you unfairly. A member of our Real Estate Team can review your issue and determine the best legal strategy to resolve the problem.

Typically, we would begin by sending a letter to the HOA, demanding all relevant documentation. We want to ensure that any rule the HOA is trying to enforce on you is enforceable.

Here’s what we would request from the HOA:

• Documentation that the HOA has complied with its own rules

• Proof that the HOA has complied with CCIOA rules

If the rules were not properly adopted, then they cannot be legally enforced.

Once your attorney has received the relevant documentation, he or she will sit down with you to discuss what it reveals. We’ll go over whether we believe the HOA is specifically targeting you. We will examine whether the HOA has failed to comply with its own rules and regulations and whether it has violated Colorado law. If it turns out that the HOA has acted improperly, you and your legal team will discuss your options.

Often, a strongly worded demand letter will resolve the issue. In general, we would inform the HOA that we are prepared to file a lawsuit if it fails to comply with its own rules and apply them fairly.

CCIOA includes a provision that the HOA must act in good faith in its dealings with you. If the HOA has specifically targeted you and has applied a rule only against you while ignoring other community members’ violations, you may have a strong case against the HOA for failing to deal with you fairly and in good faith.

Learn more about working with an HOA litigation attorney.

There’s no reason you should be singled out by your HOA to follow a rule or regulation that no other resident is required to follow. One of our experienced HOA attorneys can help you determine the best course of action to ensure your HOA treats you fairly.

Robinson & Henry can help you through this process. Our HOA attorneys are familiar with CCIOA rules and can provide guidance throughout the process. Book a consultation online or call 303-688-0944 to find a time that works for you.

An HOA is typically composed of the homeowners in a community. In many cases, the original developer establishes the HOA and later turns control over to the homeowners. The association is governed by its declarations, agreements, rules and restrictions, and bylaws. The HOA’s primary role is to collect fees, maintain common areas, and enforce community rules, all with the goal of preserving community standards and property values.

Selective enforcement may occur when an HOA issues violation notices to one homeowner for a specific rule, such as exterior modifications, while allowing other homeowners with the same violation to go unaddressed.

Proving selective enforcement usually involves showing a pattern of inconsistent rule enforcement. Homeowners often rely on documentation such as photos of similar violations by other homeowners, records of violation notices, board meeting minutes, or architectural review histories. The goal is to show that the same rule was applied to one homeowner, but not others, rather than pointing to a single isolated incident.

If you believe your HOA is harassing you, start by reviewing the association’s governing documents and keeping detailed records of all communications, notices, and enforcement actions. In some cases, harassment claims overlap with selective enforcement, especially when one homeowner is repeatedly targeted while others are not. If the situation continues or escalates, speaking with an HOA attorney can help you understand your rights and determine whether the HOA’s actions may violate Colorado law.

No. HOA rules are enforced through civil processes, not by law enforcement. HOAs typically enforce rules through notices, fines, or legal action, rather than involving the police.

In Colorado, selective enforcement refers to the inconsistent application of HOA rules in violation of governing documents and the HOA’s obligation to act in good faith under CCIOA.

Colorado HOA laws continue to evolve. Homeowners concerned about recent changes should review their governing documents and seek legal guidance for the most current information.

Legal fees in HOA disputes vary depending on the complexity of the issue and whether the matter can be resolved outside of court. Trials tend to be more expensive, while mediation or arbitration may be less costly alternatives. Under CCIOA, courts may award attorney’s fees to the prevailing party, which means if you win, the HOA may be required to pay your legal fees. However, this provision can also apply in reverse, making it important to understand your options before moving forward.