Selective enforcement is one of the most powerful owner defenses and one of the least understood. The idea: an association can't pick and choose who has to follow a rule. If the board fines you for a parked RV, a fence, or a short-term rental while knowingly tolerating the same conduct from other owners, that inconsistency undermines the enforcement against you.
Nevada gives this argument a statutory anchor most states lack. NRS 116.1113 imposes an obligation of good faith on the performance and enforcement of every duty under the chapter, and NRS 116.31031 sets the fine procedure where you first raise the inconsistency. Pair the equitable selective-enforcement doctrine with the statutory good-faith duty, and document the pattern — because your case rises or falls on documentation.
Waiver vs. selective enforcement
Two related arguments often travel together. 'Waiver' says the association let a restriction lapse so broadly — lots of unaddressed violations community-wide — that it can no longer enforce it at all. 'Selective enforcement' is narrower: the rule may still be alive, but singling you out while ignoring comparable violations is inequitable and conflicts with the good-faith duty. Gather the facts and let the pattern decide which argument is stronger.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
NRS 116.31031
The fine and enforcement procedure, including the hearing where you can first raise inconsistent enforcement.
NRS 116.1113
Imposes an obligation of good faith on the performance and enforcement of duties under the chapter, supporting a selective-enforcement challenge.
NRS 116.31175
Records access (including general records concerning violations) that lets you obtain the association's enforcement history.
Step by step
How to document and assert selective enforcement in Nevada
Build the evidentiary record that supports a selective-enforcement or waiver defense to a Nevada HOA fine.
- 01
Identify the exact rule
Pin down the specific covenant or rule the association says you violated. Selective enforcement is rule-specific; you're comparing apples to apples.
- 02
Photograph comparable violations
Document other properties with the same violation that haven't been cited. Date-stamp the photos and note addresses or lot numbers, not owner names.
- 03
Pull the enforcement records
Use a records request (see the records guide) under NRS 116.31175 to ask for the association's violation and fine history. A pattern of citing only some owners is your strongest evidence.
- 04
Raise it at the hearing
Present the comparables and records at your NRS 116.31031 fine hearing, invoke the good-faith duty (NRS 116.1113), and ask that the inconsistency be noted in the minutes.
- 05
Preserve it for the Ombudsman or court
If the fine stands, your documented record supports an Ombudsman affidavit (NRS 116.760) or a selective-enforcement defense if the dispute escalates. Keep everything dated and organized.
Straight answers
Common questions
Is selective enforcement a defense in Nevada?
It can be. Inconsistent or discriminatory enforcement undermines an association's case, and NRS 116.1113's statutory obligation of good faith reinforces the argument that singling you out while ignoring identical violations is improper.
What's the difference between waiver and selective enforcement?
Waiver argues the association let a restriction lapse so broadly it can't enforce it at all; selective enforcement argues the rule may still be alive but singling you out while ignoring identical violations is inequitable. They often travel together.
What evidence do I need?
Dated photos of comparable uncited violations, the association's own violation and fine history (via a NRS 116.31175 records request), and the timeline of your own notice. Patterns, not single examples, carry the argument.
Should I name the neighbors who weren't fined?
Document the properties and violations, but you generally don't need to publicly name individuals; addresses or lot numbers establish the comparison. Keep the focus on the association's conduct, not your neighbors.