SB1240 - Selective Enforcement
By Scott Carpenter on the 26th of January 2012
SB1240 has been introduced in an attempt to create penalties for “selective enforcement”. Click here to view SB1240: SB1240 Introduced Version. If passed, SB1240 would permit an owner who wins a lawsuit by proving that the board of directors “engaged in selective enforcement” to recover 3x his or her “actual damages” plus legal fees and costs, or “triple the total penalty the association attempted to enforce” against the owner, plus legal fees, costs and any monies incurred in “expunging the penalty”, whichever is greater. The biggest problem: What is “selective enforcement” in this context? The term is not defined in SB1240.