Georgia HOA Selective Enforcement Challenge Demand Letter

If your Georgia homeowners association is fining you or demanding compliance with a covenant they ignore for other neighbors, you may be the target of selective enforcement. Georgia courts have consistently held that HOAs must apply their covenants and rules uniformly and in good faith. When a board picks and chooses who to punish, they risk losing the legal right to enforce that rule at all. A well-drafted demand letter citing Georgia's Property Owners' Association Act and relevant case law often resolves the dispute without litigation. It puts the board on notice, creates a paper trail, and forces the association's attorney to weigh the cost of defending an indefensible position against simply withdrawing the violation notice.

Georgia's Property Owners' Association Act (O.C.G.A. § 44-3-220 through § 44-3-235) governs most HOAs that have formally submitted to the Act. Under O.C.G.A. § 44-3-223, covenants run with the land and are enforceable, but Georgia courts have long recognized that enforcement must be even-handed. The leading case, Forest Villas Condominium Association v. Camerio, and subsequent decisions establish that an association may be barred from enforcing a restriction against one owner when it has knowingly tolerated similar violations by others. This is the doctrine of selective enforcement, sometimes paired with the related defenses of waiver, estoppel, and abandonment. To prove selective enforcement, an owner generally must show: (1) the covenant or rule exists and is being enforced against them; (2) other owners have committed similar or identical violations; (3) the HOA knew or should have known about those other violations; and (4) the HOA chose not to enforce against those other owners. Common examples include fining one homeowner for a fence color, parking arrangement, landscaping choice, holiday decoration, or short-term rental while ignoring identical conduct elsewhere in the community. Under O.C.G.A. § 44-3-223 and § 44-3-232, before an HOA can impose fines or suspend privileges, it must provide notice and an opportunity to be heard. Georgia law also requires that any fine schedule be authorized by the declaration or bylaws. If the HOA proceeds despite documented selective enforcement, a homeowner may seek declaratory and injunctive relief in superior court, and the prevailing party in a covenant enforcement action is typically entitled to recover reasonable attorney's fees.

A Georgia selective enforcement demand letter works because it shifts the legal and financial risk back onto the HOA board. The letter should identify the specific covenant or rule being enforced, cite O.C.G.A. § 44-3-223, and document at least three to five examples of similar violations the HOA has ignored — ideally with addresses, dates, and photographs. Reference the doctrines of selective enforcement, waiver, and estoppel as recognized by Georgia appellate courts. Demand that the board immediately rescind the violation notice, refund any fines paid, and remove the matter from your account. Set a clear deadline, typically 30 days, and warn that continued enforcement will be met with a petition for declaratory judgment and injunctive relief in the county superior court, along with a claim for attorney's fees under O.C.G.A. § 13-6-11 for bad faith and stubborn litigiousness. Send the letter by certified mail, return receipt requested, to both the HOA's registered agent and the management company. Copy the board president individually. Most management companies forward these letters to association counsel, who will recognize that defending a selective enforcement claim with photographic evidence of unenforced violations is expensive and likely to fail. The result is often a quiet withdrawal of the violation, a refund of fines, or a negotiated settlement. Even when the HOA refuses, the letter establishes the written record courts expect to see and strengthens any later claim for fees.

If the HOA refuses to back down, Georgia homeowners typically file in the superior court of the county where the property sits, since equitable relief like an injunction is required and exceeds the magistrate (small claims) court's authority. Georgia's magistrate court limit is $15,000 and is generally only useful for recovering improperly assessed fines, not for stopping ongoing enforcement. Filing fees in superior court usually run $200–$220. There is no pre-suit mediation requirement under the POA Act, but many declarations require alternative dispute resolution first — check your governing documents. The statute of limitations for breach of covenant is generally six years under O.C.G.A. § 9-3-24, but act quickly to preserve injunctive remedies.