THIS IS IMPORTANT INFORMATION FOR ALL HOMEOWNERS AND BOARD MEMBERS LIVING IN HOMEOWNERS' ASSOCIATIONS REGULATED BY FLORIDA STATUTES FS 720.

SELECTIVE ENFORCEMENT

Declaring that the board has used Selective Enforcement is still one of the best defenses against a board that doesn't have actual guidelines to enforce certain provisions in the deed restrictions. 

And if you see other homes with the same problem as the association accused you of -- sending you the infamous VIOLATION LETTER, take pictures of these other homes, so you have proof that the association is enforcing their rules selectively.

Below listed is some excellent case law frequently quoted in these cases. 

• Payne v. Cudjoe Gardens Property Owners Association, Inc.
  (CASE NO. 837 So.2d 458 Fla.App. Dist.3 12/18/2002)

Raising any affirmative defenses against the association's claims and whether or not the association is enforcing the restrictive covenants arbitrarily and unreasonably.

• Prisco v. Forest Villas Condominium Apartments, Inc.,
  (Case 847 So 2d 1012 Fla. App. Dist.4 04/30/2003)

Owner being allowed to raise affirmative defense of selective enforcement.

SEE AS WELL:  COURT OPINIONS