Selective Enforcement

Selective Enforcement is an Affirmative Defense to an action to enforce restrictive covenants by a Homeowners Association or Condominium Association. The Florida Supreme Court first recognized selective enforcement as an affirmative defense in White Egret Condo., Inc. v. Franklin, Case::379 So.2d 346 (Fla. 1980). A unit owner against which an action is brought proves selective enforcement by showing that the Association is enforcing its restrictive covenants in a selective and arbitrary manner. The prototypical example of selective enforcement occurs when the Association attempts to prevent one unit owner from doing what the Association has allowed other home owners to do.