Selective Enforcement – Is that your defense?

“Selective enforcement” is a defense to an action by an Association to enforce a restriction against one owner where it has not acted to enforce it against other owners. The defense is shown where a party demonstrates there are substantially similar violations of which the association has notice but had not acted to correct. One arbitrator at the Division of Condominiums wrote: “Selective enforcement involves the failure of an association to enforce the condominium documents in other instances bearing sufficient ...

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