Does My HOA Have to Enforce Every Violation of the CC&Rs?

Does your HOA have to chase down every violation, no matter how small? In this HOA Q&A, attorney Michael Kushner explains why enforcement is one of the board’s core duties under California law—but also why the law gives boards discretion in how they enforce. 🎯 What You’ll Learn in This HOA Q&A: ✅ Why HOAs are legally required to enforce the governing documents.✅ When the board can choose not to enforce a technical or low-impact violation.✅ How selective enforcement can lead to legal liability—or invalidate the rule entirely.✅ Why the law expects fairness and consistency, not perfection. Michael clarifies how California law balances enforcement with reasonableness—and what your HOA can and can’t do when it comes to CC&R violations. 🔔 Subscribe for more HOA Q&As to help you hold your HOAs accountable. 🎧 Listen to my full-length HOA HELL podcasts on YouTube @hoahellpodcastofficial, or wherever you listen to your podcasts. 🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation. Disclaimer:  This content constitutes attorney advertising.  The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  About:  Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back. #HOALaw #CaliforniaHOA #SelectiveEnforcement #MichaelKushner #MBKChapman #LSCarlsonLaw #LukeCarlson #BadHOA #DavisStirlingAct 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/