“My kids have left their bikes in our driveway for years. We are a guard gated community, they aren’t going to be stolen. I got a nastygram from the HOA last week that it’s a violation of our rules and they want to fine me $250 per day. I called the manager’s office and was told that bikes must be put away at all times they are not being used. When I mentioned my neighbor had installed a bike rack outside their garage and his kids leave their bikes parked there pretty much all summer, I was told that someone complained about mine, not his, and they have to act on the tip. I asked if he got the same letter and was told he did not. Seems like selective enforcement to me. This can’t be okay, right?”

I understand your frustration with the situation, and it appears that the HOA is enforcing the rules selectively. If your neighbor’s kids are also leaving their bikes outside for extended periods of time without receiving any complaints or violation notices, it raises concerns about fairness and equity in the enforcement of the rules.

To address this issue, you should request an informal dispute resolution (IDR) with the HOA board to discuss the situation and express your concerns about selective enforcement. During the meeting, you can bring up the example of your neighbor’s bike rack and inquire why they have not been cited for a violation. You can also ask for clarification on the rules and how they are enforced, including what steps the HOA takes to investigate complaints before issuing violation notices.

If you are not satisfied with the outcome of the meeting, you can consider taking further action, such as filing a small claims suit.

Additionally, it is essential to keep in mind that California Code of Civil Procedure section 336(b) provides a five-year statute of limitations for an action for violation of a restriction, as defined in Civil Code section 784. The restriction may be in the form of a covenant, equitable servitude, condition subsequent, negative easement, or other form of restriction. The five-year statute of limitations also applies to rules and regulations of an Association. Therefore, the Board and Association members should be vigilant in detecting violations and enforcing the CC&Rs to prevent the Association from losing the right to enforce similar violations made by other owners.