The core selective-enforcement argument is simple: an association can't cite you for a violation, a fence, a parking spot, a rental, while knowingly letting the same thing slide for other owners in the building. Rhode Island's statutes don't use the phrase "selective enforcement," but § 34-36.1-3.20(a) supplies the hook: fines exist "as a method of enforcing the association's declaration, bylaws, and rules and regulations," which implies enforcement tied to an actual, existing violation applied consistently, not an arbitrary or singled-out application of a rule the board otherwise ignores. Rhode Island courts, like courts generally, recognize equitable defenses to covenant enforcement, including waiver and inconsistent enforcement, when an association lets violations slide broadly or singles out one owner while tolerating the same conduct elsewhere.
The older act's compliance clause, § 34-36-8, points the same direction from a different angle: it ties an enforcement action to actual noncompliance with the declaration, deed, bylaws, or house rules, not to the board's discretion about who to pursue. Either way, this defense rises or falls entirely on your documentation, not on the strength of the argument alone.
Use your hearing and records rights to build the record
If you're under the modern act, § 34-36.1-3.20(e) gives you a hearing before any fine is finalized, which is exactly where a documented pattern of inconsistent enforcement belongs. And § 34-36.1-3.18's thirty-day records right lets you request the association's own financial and other records to see whether comparable violations were ever raised, fined, or quietly dropped. A pattern shown through the association's own paper trail carries far more weight than your account alone.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
R.I. Gen. Laws § 34-36.1-3.20
Ties fines to enforcing the declaration, bylaws, and rules, and provides the hearing where a selective-enforcement pattern can be raised before a fine becomes final.
R.I. Gen. Laws § 34-36.1-3.18
The thirty-day records-access right that lets an owner request the association's financial and other records to document a pattern of inconsistent enforcement.
R.I. Gen. Laws § 34-36-8
The older act's compliance clause ties any enforcement action to actual noncompliance with the declaration, deed, bylaws, or rules, the same framework uneven enforcement strains.
Step by step
How to document and raise selective enforcement in Rhode Island
Build the evidentiary record that supports a selective-enforcement or waiver argument at a Rhode Island condo fine hearing.
- 01
Identify the exact rule and confirm it's a real, recorded standard
Pin down the specific declaration provision, bylaw, or recorded rule you're accused of violating. Selective enforcement is rule-specific, and a standard that was never validly adopted is a separate, stronger defense on its own.
- 02
Photograph and date comparable violations
Document other units or lots with the same condition that were never cited. Use unit numbers or addresses, not owner names, to make the comparison.
- 03
Request the association's own records
Use the thirty-day right under § 34-36.1-3.18 to request financial and other records that might show whether comparable violations were fined, discussed, or dropped.
- 04
Raise the pattern at your § 34-36.1-3.20 hearing
Present your comparables and any records you obtained at the hearing itself, and ask that the inconsistency be reflected in the board's written decision.
- 05
Preserve everything if the fine stands
A fine can become part of the lien on your unit under § 34-36.1-3.16. Keep your documented record; it's the foundation for a selective-enforcement or waiver defense if the dispute escalates toward a lien or sale.
Straight answers
Common questions
Is selective enforcement a real defense to a Rhode Island condo fine?
It can be. Rhode Island courts recognize equitable defenses to covenant enforcement, including waiver and inconsistent enforcement, and § 34-36.1-3.20(a)'s framing of fines as a tool for enforcing actual declaration and rule violations supports treating arbitrary or uneven enforcement as improper.
What evidence do I need to make this argument?
Dated photographs of comparable, uncited violations, and, where possible, the association's own financial and other records obtained under the thirty-day right in § 34-36.1-3.18. A documented pattern carries far more weight than a single comparison.
Where do I actually raise this argument?
At the hearing required before any fine becomes final under § 34-36.1-3.20(e). Present your comparables there and ask that the inconsistency be noted in the board's written decision.
Should I name the specific neighbors who weren't cited?
No. Document the units, addresses, or lot numbers involved rather than the individuals living there. Keep the focus on the association's own inconsistent enforcement, not on your neighbors personally.