How Homeowner Associations Can Be More Consistent and Avoid Enforcement Risk

 Posted on February 23, 2026 in Condominium & Homeowner Association Law

Running a homeowner association or condominium association is harder than most people expect. Boards are made up of volunteers who are doing their best, but inconsistent rule enforcement is one of the most common and costly mistakes an HOA can make. 

If your association is facing complaints, selective enforcement claims, or just a growing sense that no one is playing by the rules, 2026 is a good time to get things back on track. Working with experienced Arlington Heights HOA and condominium law attorneys with over 150 years of combined legal experience is the best way to get started. 

Dickler, Kahn, Slowikowski & Zavell, Ltd. works with associations across Cook County to build consistent, legally sound enforcement practices before small problems become expensive ones. Let us help you, too. 

Why Is Consistent HOA Enforcement So Important?

When an HOA enforces its rules unevenly, it opens itself up to serious legal risk. A homeowner who receives a fine for a violation that their neighbor was never cited for has grounds to challenge that fine. Worse, if a pattern of uneven enforcement is perceived to be about race, national origin, religion, or familial status, the association could face a claim under the Fair Housing Act, a federal law that prohibits housing discrimination. The Department of Housing and Urban Development receives thousands of fair housing complaints every year, and HOAs are often the subject.

Beyond the legal risk, inconsistent enforcement damages trust. When residents feel that the rules only apply to some people, they stop respecting the community and stop cooperating with the board. That makes everything harder, from collecting dues to passing budgets to keep up property values.

What Are the Most Common HOA Enforcement Mistakes?

Most enforcement problems come from the same handful of issues. Recognizing them is the first step toward fixing them.

Relying on Complaints Instead of Inspections

Many boards only act on violations when a neighbor complains. This creates an automatic inconsistency problem, because enforcement ends up depending on who has a bone to pick with whom, rather than on the actual rules. A complaint-only system almost guarantees that some violations get addressed and others never do. Regular, scheduled inspections treat every property the same way and remove personal relationships from the equation.

Skipping a Written Record

Every notice sent, every violation cited, and every fine issued should be documented in writing and kept on file. When a homeowner challenges an enforcement action, your paper trail is your best defense. Boards that handle enforcement through phone calls or casual conversations have no record to fall back on. 

Applying Rules Differently to Board Members

This is one of the most damaging mistakes an HOA can make. If board members or their friends are allowed to slide on violations that other homeowners get fined for, the association has no credibility. Board members must be held to the same standard as everyone else, no exceptions.

Not Following the Association's Own Procedures

Homeowner associations are required to provide notice and an opportunity to be heard before imposing fines. Skipping this step, even unintentionally, can invalidate an enforcement action entirely. Your governing documents should have a specific process for violations, warnings, hearings, and fines. The board should be following that process every single time.

How Can an HOA Build a More Consistent Enforcement System?

The good news is that enforcement consistency is not complicated. It mostly comes down to having a clear process and actually following it.

Create a Written Enforcement Policy

If your association does not have a written enforcement policy, write one. This document should leave as little room for interpretation as possible. The less discretion any individual board member has, the more consistent your enforcement will be.

Train Every Board Member on the Process

A policy is only useful if everyone follows it. When new board members join, walk them through the enforcement process before they start making decisions. Make sure they understand that their job is to apply the rules as written, not to make judgment calls based on personal relationships.

Review Your Governing Documents Regularly

Rules that made sense ten years ago may be outdated, vague, or even unenforceable today. An annual review of your CC&Rs and bylaws with an HOA attorney can help you identify language that is causing confusion and update it before it causes a problem. 

Call a Cook County HOA Attorney Today

HOA enforcement problems don’t fix themselves. If your association is dealing with homeowner complaints, inconsistent rule application, or uncertainty about whether your procedures hold up legally, Dickler, Kahn, Slowikowski & Zavell, Ltd. is here to help. Our Arlington Heights homeowners' association lawyers bring over 150 years of combined legal experience to every association we work with. Call us today at 847-593-5595 to schedule a consultation.