Individual Assessment change

Started by JoyceR2 • 6 replies • 620 views

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JoyceR2 (Virginia)
Posts: 156

Posted:

264 unit condos

Is it ever legal & I emphasize "legal" to grant any owner a lifetime reduction in their monthly assessment different from any other owner? I realize at times a "board" might elect to make some agreement to secure unpaid assessments if "prudent" but would at the same time cause the delinquent party to then pay as required from that point forward. It goes without saying that this action would need to be by motion & approved by a majority of the board.

SamE2 (New Jersey)
Posts: 310

Posted:

What do your documents say about how expenses are divided?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Never ever reduce dues. I don't care if it's a board member or someone having a hard time. It's a bad bad bad idea. If someone can't afford their dues, then have people donate to them to help out rather than any excuse for reduction/non-payment of dues.

Your HOA is ONLY funded by it's members for it's members. At what point would you know to place a lien or to foreclose if you have a "forgiveness" period in place?

Just don't do it. It's not a "legal" thing. It's just a stupid thing...

Former HOA President

SheliaH (Indiana)
Posts: 6,964

Posted:

Surely, you know the answer to this - hell no, with a capital H! It would be one thing if the association's expenses would be reduced for a lifetime and even if that were possible, why not reduce everyone's assessment? The point of an HOA is for EVERONE to share equally in the maintenance and improvement to the common areas.

I really hope your board isn't entertaining this notion - if so, ALL of them need to be booted off via recall. As for the homeowner in question, a chat with a debt counseling service would be appropriate - maybe he or she needs to move around some things in the household budget. It may also be this home has become too expensive to live in, and in that case, he/she has a heavy decision to make about staying there.

You also know or should know if you want an answer to a legal question, it's best to consult an attorney because most of us aren't lawyers and what may be true in your state may not be in mine. In this case, talking to an attorney isn't necessary - it's simply a matter of applying common sense.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

NpS (Pennsylvania)
Posts: 4,216

Posted:

We offer a 100% discount to the current owner every time a house is sold.

We apply it equally to everyone.

If you didn't sell your house, you still have to pay 100%.

If you did sell your house, you get the discount.

No other discounts apply.

Sikubali jukumu. Read all posts at your own risk.

JoyceR2 (Virginia)
Posts: 156

Posted:

Just seeking any experience regarding this question. It is an older case/issue created by a previous Board or member(s) of that Board. And no, I would not even suggest that it could be remotely legal or sane. Always worth hearing from any experience. Attempting to obtain a timeline of documents.

Appreciate all of your feedback.

Thanks!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Joyce

Typically your docs will give the dues format which in most cases is, split equally. If so, the BOD cannot adjust this.

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