My advice when living anywhere whether in a condo, or a neighborhood with an HOA is to cruise the neighborhood and take a few pictures unobtrusively, make sure the camera has a time and date stamp feature.
If you even get in a fracas with the board about some ‘violation’ they accuse you of, you can reply back to them with evidence of their arbitrary “constructive endorsement” and threaten them with your lawyer who just loves these kinds of lawsuits.
Lots of folks rag on the HOA's but ours is great. There's no nazi's on it and they're quick to respond to any issues such lawn maintenance, tree trimming or snow removal.
Sure, I’ll take a case against a condo association or HOA, but only if it has merit, and only if a substantial retainer is paid. Yes, there will be litigation.
Associations’ defenses against evidence of arbitrary or selective enforcement include the “business judgment rule.” The property owner has to show that the board stands in breach of its fiduciary duty (good faith, loyalty, and due care).
Arguing “constructive endorsement” of another owner’s violation does not automatically excuse a similar purported violation by a party. Not only the board, but typically any owner can sue to enforce the “house rules.” Thus, a court can find against the “constructive endorsement” argument by noting that such violations were not previously the subject of complaint.
Association law has more to do with the social politics of the people in the common interest community, especially the board, than the legal rights of any one owner. It really is communism in action.