SELECTIVE ENFORCEMENT

Declaring that the board has used Selective Enforcement is still one of the best defenses against a board that doesn't have actual guidelines to enforce certain provisions in the deed restrictions. 
Below listed is some excellent case law frequently quoted in these cases. 

• Payne v. Cudjoe Gardens Property Owners Association, Inc.
  (CASE NO. 837 So.2d 458 Fla.App. Dist.3 12/18/2002)

Raising any affirmative defenses against the association's claims and whether or not the association is enforcing the restrictive covenants arbitrarily and unreasonably.

• Prisco v. Forest Villas Condominium Apartments, Inc.,
  (Case 847 So 2d 1012 Fla. App. Dist.4 04/30/2003)

Owner being allowed to raise affirmative defense of selective enforcement.