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Subject: Individual Assessment change
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Author Messages
JoyceR2
(Virginia)

Posts:156


08/12/2019 9:16 PM  
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:133


08/13/2019 1:36 AM  
What do your documents say about how expenses are divided?
MelissaP1
(Alabama)

Posts:8396


08/13/2019 4:55 AM  
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:2621


08/13/2019 5:56 AM  
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.
NpS
(Pennsylvania)

Posts:3572


08/13/2019 6:21 AM  
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


08/13/2019 7:50 AM  
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:8550


08/13/2019 8:37 AM  
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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