Nebraska doesn't have a section titled "selective enforcement," but § 76-860(a)(11) gives the argument real footing. The association's power to levy a fine only exists "after notice and opportunity to be heard" for "violations of the declaration, bylaws, and rules and regulations for the association." That's a process built around an actual, adopted rule being applied to an actual violation, not a discretionary call about who the board happens to be annoyed with this month. If your association fines you for a parked trailer, a fence, or a rental while letting the identical thing slide two doors down, that inconsistency cuts directly against the "reasonable" fine and the fair-hearing process the statute assumes.
Courts generally recognize equitable defenses to covenant enforcement, waiver and inconsistent or selective enforcement among them, when an association lets violations slide broadly or singles out one owner while tolerating the same conduct elsewhere. None of that erases the underlying rule; it's a defense to enforcement, and in Nebraska, without a dedicated statute on the point, it rises or falls entirely on the documentation you build.
Records access is how you prove the pattern
This is where § 76-876's records right earns its keep outside its original purpose. The association's financial and other records, examinable by any unit owner under § 76-876 (or the legacy receipts-and-expenditures book under § 76-816), can show whether fines were only ever assessed against certain units, or whether a violation was flagged in the minutes and then quietly dropped. Pair that with your own dated photographs of comparable, uncited violations, and you have the raw material for a genuine inconsistency argument, one that § 76-891.01 lets you actually bring to court if the board won't budge, with attorney's fees on the table for a prevailing owner.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
Neb. Rev. Stat. § 76-860
Ties the association's fine power to notice, an opportunity to be heard, and an actual violation of an adopted rule, the framework uneven enforcement strains.
Neb. Rev. Stat. § 76-876
Makes the association's financial and other records examinable by any unit owner, the records that can document a pattern of inconsistent enforcement.
Neb. Rev. Stat. § 76-891.01
Gives an owner adversely affected by a violation of the Act, declaration, or bylaws a court remedy, with attorney's fees available to the prevailing party.
Step by step
How to document and raise selective enforcement in Nebraska
Build the evidentiary record that supports an inconsistency or waiver argument against a Nebraska condo fine.
- 01
Identify the exact rule and confirm it was adopted
Pin down the specific declaration or bylaw provision you allegedly violated, and confirm it was actually adopted under § 76-860(a)(1). Selective enforcement is rule-specific.
- 02
Photograph and date comparable violations
Document other units or common-element areas with the same condition that were never cited. Use unit numbers, not owner names.
- 03
Request the association's own records
Use § 76-876 (or § 76-816 for a legacy-Act condo) to ask for financial and other records showing whether the same violation was raised elsewhere and dropped.
- 04
Raise the pattern at your hearing
Present the comparables when you exercise your § 76-860(a)(11) right to be heard, before any fine is finalized, and ask that the board's response be recorded in the minutes.
- 05
Preserve everything for § 76-891.01 if the fine stands
If the board fines you anyway, your documented pattern is the material for a court claim under § 76-891.01, with attorney's fees available if you prevail.
Straight answers
Common questions
Is selective enforcement a real defense in Nebraska?
Nebraska doesn't have a statute titled "selective enforcement," but § 76-860(a)(11) ties every fine to notice, a hearing, and an actual violation of an adopted rule, a framework that inconsistent enforcement strains. Courts generally recognize equitable defenses like waiver and selective enforcement when a restriction is applied unevenly.
What's the difference between waiver and selective enforcement?
Waiver argues the association let a rule lapse so broadly it can no longer enforce it at all. Selective enforcement is narrower: the rule may still be alive, but singling you out while ignoring identical violations elsewhere is inequitable. They often travel together.
What evidence do I actually need?
Dated photographs of comparable, uncited violations, plus the association's own financial and other records under § 76-876 if they show a pattern of inconsistent fines or dropped citations. A pattern carries the argument, not one example.
Should I name the neighbors who weren't cited?
No. Document units or addresses, not the people living there. Keep the focus on the association's own inconsistent conduct.