When it comes to violations of condominium rules, people often start off small. They might put tomato plants out on the front porch despite clearly stated rules against vegetable gardening. From there, issues could continue to expand and get worse, including inappropriate gatherings, improper decorations and inadequate maintenance.
Although it can seem like a waste of time or a great source of frustration to need to take enforcement actions over every tiny infraction made by condominium residents, failure by your condominium association fails to take timely action could make it harder to enforce your rules and standards in the future.
Lax enforcement could lead to claims of selective enforcement
In order for the condominium association to retain authority and maintain standards for the properties it manages, the association must exert its authority in a timely and appropriate manner. The longer you wait to take enforcement actions, the stronger the potential defense people will have against your enforcement efforts. In some places, they could use the fact that you didn’t enforce the rules previously as evidence that the rules were no longer considered significant.
Other times, they could point to a lack of enforcement with other people as a basis for claims of discrimination or harassment. If they can show that you have chosen to only selectively enforce the rules against them, the courts are less likely to rule in your favor. That is why, regardless of the nature of the infraction, it is important that you take timely and appropriate measures to resolve rule violations as soon as they occur.
