QUESTION. A member recently asked our board if they would consider reducing the annual dues for seniors (over age 65). Can an HOA board offer a senior discount? –Lisa.
ANSWER. Unfortunately, not. No discounted assessments can be given to seniors, board members, or anyone else.
Assessment allocations are established by an association’s CC&Rs and recorded against owner’ units/lots. Most often, the assessments fall into one of three formats: uniform, variable, or blended (see Assessment Allocation).
Because they are equitable servitudes, which boards are obligated to enforce, failure by a board to enforce them means any member of the association can sue the association to compel enforcement. Members who are not senior citizens will likely not want to subsidize the assessments of their neighbors. That means any discount given to seniors will likely be challenged in court.
DISCLAIMER. The Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel. You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.