Selective enforcement is the argument that an association can't cherry-pick who has to follow a rule: cite you for a fence or a parked trailer while ignoring the identical thing three lots down, and the enforcement action itself becomes suspect. Alabama doesn't have a section titled "selective enforcement," but § 35-20-4(b) supplies a strong hook: "Every duty governed by this chapter imposes an obligation of good faith in its performance or enforcement." That's an explicit, chapter-wide statutory command reaching enforcement specifically, not just a generic reasonableness gloss on a fine amount. Layer that with § 35-20-11(a)(2)'s separate requirement that any penalty be "reasonable," and an association enforcing a rule against you while knowingly letting it slide elsewhere is straining both standards at once.
Section 35-20-4(c) adds a second, equitable lever: "The remedies provided in this chapter shall be liberally administered so that the aggrieved party is put in as good as a position as if the other party had fully performed." That principle supports asking a court, or the board at your hearing, to look past a technical rule violation when the association's own inconsistent enforcement is what actually put you in a worse position than your neighbors.
Use your records right to build the pattern
This is where § 35-20-13's records right becomes useful well beyond its original purpose. Item (b)(10) on the required-records list is a distinctive tool here: it entitles you to "the case number or other identifying information of any pending lawsuits, judgments, liens, arbitration, or any other dispute resolution process to which the association is a party," which can surface whether the association has actually pursued, or quietly dropped, enforcement against other lots. Pair that with your own dated, direct photographs of comparable violations, since the association's own paper trail rarely tells the whole story by itself.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
Ala. Code § 35-20-4(b)
Imposes an explicit statutory good-faith obligation on the performance or enforcement of every duty under the chapter, a direct hook for inconsistent, cherry-picked enforcement.
Ala. Code § 35-20-4(c)
Requires the chapter's remedies to be liberally administered so the aggrieved party ends up as well off as if the other party had fully performed.
Ala. Code § 35-20-11(a)(2)
Limits penalties to "reasonable" ones imposed only after a hearing and the right to counsel, a framework that inconsistent enforcement strains.
Ala. Code § 35-20-13(b)(10)
Entitles you to the case number or identifying information of any pending lawsuit, judgment, lien, or arbitration the association is a party to, useful for documenting a pattern of uneven enforcement.
Step by step
How to document and raise selective enforcement in Alabama
Build the evidentiary record that supports a selective-enforcement argument against an Alabama HOA fine.
- 01
Identify the exact rule and its source
Pin down the specific covenant or rule the association says you violated, and confirm it traces back to the declaration or an actually adopted rule, not an unwritten practice.
- 02
Photograph and date comparable violations
Document other lots with the same condition that were never cited, by address or lot number, not by the names of the people living there.
- 03
Request the association's own records
Use § 35-20-13 to request minutes, financial records, and the pending-litigation and lien list under item (b)(10), which may show a pattern of citations raised and dropped, or fines landing only on certain lots.
- 04
Raise the pattern at your hearing, with counsel if you choose
Present your comparables at the hearing session § 35-20-11(a)(2) already guarantees, arguing the inconsistency breaches § 35-20-4(b)'s good-faith obligation.
- 05
Preserve everything for court
If the fine stands anyway and becomes a lien under § 35-20-12, your documented pattern is the raw material for a selective-enforcement argument if the association ever sues to enforce it.
Straight answers
Common questions
Is selective enforcement a real defense in Alabama?
There's no stand-alone statute naming it, but § 35-20-4(b)'s explicit good-faith obligation on the "performance or enforcement" of every duty under the chapter gives an inconsistent-enforcement argument real statutory footing, alongside § 35-20-11(a)(2)'s separate "reasonable" penalty requirement.
What evidence do I actually need?
Dated photographs of comparable, uncited violations, and, where available, the association's own records obtained under § 35-20-13, including the pending-lawsuit and lien list in item (b)(10), showing a pattern of inconsistent enforcement.
Should I name the neighbors who weren't cited?
No. Document the properties by address or lot number, not the individuals living there. Keep the focus on the association's own inconsistent conduct.
Can I raise this at my fine hearing?
Yes. § 35-20-11(a)(2) already guarantees a hearing, and the right to be represented by counsel, before any penalty; that's the forum to put your documented pattern and the § 35-20-4(b) good-faith argument on the record.