Selective enforcement is one of the strongest arguments an owner can make, and one of the most overlooked: a board doesn't get to cite you for a violation it's knowingly letting your neighbor get away with. Illinois doesn't have a standalone "selective enforcement" section, most states build this defense out of general principles rather than a single numbered provision, but Illinois hands you a genuinely strong foundation to build it on. 765 ILCS 605/18.4 states, in the statute's own words, that "the officers and members of the board...shall exercise the care required of a fiduciary of the unit owners." A fiduciary who enforces a rule against you while knowingly letting the identical violation slide next door is not obviously living up to that duty, and it's worth saying so in exactly those terms when you raise the issue.
Reasonable has to mean something
The fine statutes themselves do some of the work too. 765 ILCS 160/1-30(g) (HOA) and 765 ILCS 605/18.4(l) (condo) don't just require notice and a hearing, they authorize "reasonable" fines, not any fine the board feels like imposing. An enforcement pattern that singles you out while ignoring comparable violations elsewhere in the community is hard to square with "reasonable," and it's a legitimate argument to make at the hearing the statute already requires. Pair that argument with documentation: 765 ILCS 160/1-30(i) (HOA) and 765 ILCS 605/19 (condo) give you the right to pull the association's own records, minutes, correspondence, prior notices, to build the pattern rather than relying on your word against the board's.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
765 ILCS 605/18.4
States that condo board officers and members must exercise "the care required of a fiduciary of the unit owners," a duty in tension with knowingly uneven enforcement.
765 ILCS 160/1-30(g)
Requires HOA fines to be "reasonable," a standard that's hard to square with singling out one owner for a violation tolerated elsewhere.
765 ILCS 605/18.4(l)
The condo-side version of the same "reasonable fines" standard.
765 ILCS 605/19
The condo records right you can use to pull the association's enforcement and violation history and document the pattern; the HOA equivalent is 765 ILCS 160/1-30(i).
Step by step
How to document and raise selective enforcement in Illinois
Build the record that supports a selective-enforcement argument against an Illinois HOA or condo board using the fiduciary-duty and reasonableness language already in the statute.
- 01
Pin down the exact rule
Identify precisely which declaration provision or rule you're accused of violating, and confirm how and when it was adopted.
- 02
Document the comparables
Photograph and date-stamp other units or lots with the same violation that haven't been cited. Note addresses or unit numbers, not owners' names.
- 03
Pull the association's own enforcement records
Request violation notices, minutes, and correspondence under 765 ILCS 605/19 (condo) or 765 ILCS 160/1-30(i) (HOA) to show the pattern isn't your imagination.
- 04
Raise it at the hearing you're owed
Present the comparables at the notice-and-hearing process required by 765 ILCS 605/18.4(l) or 765 ILCS 160/1-30(g), and frame it against the fiduciary duty in 765 ILCS 605/18.4 if you're in a condo.
- 05
Keep everything dated
If the fine stands anyway, your documented, dated record is what supports either an appeal or a defense if the association tries to enforce or collect later.
Straight answers
Common questions
Does Illinois law have a specific "selective enforcement" statute?
No. It's an argument built from general principles, the fiduciary duty condo boards owe under 765 ILCS 605/18.4, and the requirement that fines be "reasonable" under 765 ILCS 160/1-30(g) and 765 ILCS 605/18.4(l), not a standalone numbered defense.
What's my strongest legal peg for this argument?
For condos, the fiduciary-duty language in 765 ILCS 605/18.4 is unusually direct and worth quoting. For any Illinois association, the "reasonable" fine standard in the enforcement sections is the other half, an uneven pattern undercuts both.
What evidence do I actually need?
Dated photos of comparable, uncited violations and the association's own enforcement records, obtained through 765 ILCS 605/19 or 765 ILCS 160/1-30(i). A pattern across multiple properties is far stronger than one comparison.
Should I name the neighbors who weren't fined?
You generally don't need to. Document addresses, unit numbers, and dates instead of naming individuals, the point is the board's inconsistent conduct, not your neighbors' business.