Residents press board over assessment-fee inequity; board cites court ruling upholding per-property billing

Robert Court, a member addressing the bylaws at the Oct. 18 town hall, asked why the articles of incorporation state that "all members shall be equal" while a longstanding practice charges some members a different per-person assessment depending on whether a property is deeded to one or two persons. "As it stands, every member prior to 2003 and every member of a two-deeded property is paying half the rate of a single deeded property owner per member," Court said, arguing the arrangement violates article 8, section 5 of the corporation—s articles.

Board members responded that the association was previously sued over the assessment methodology and that an Arizona court upheld rooftop (per-property) assessments as lawful. "We were sued about this. We went to court and the court said specifically that the per property is fair and equal," President Tom Foster told the audience. He added that the number of members still paying an older per-person rate is small and that shifting charges now would impose a potentially unaffordable increase on long-standing members, citing examples of elderly members on fixed incomes.

Members and several commentors urged the board to revisit the issue in policy or provide clearer bylaw language to avoid recurring confusion. Some urged removing dated language and clarifying that assessments are charged by property to reflect current legal and administrative practice. The working group said changes to billing and assessments are tied to the articles of incorporation and court precedent and therefore are not the primary focus of the proposed bylaw rewrite but that clarifying language could reduce member confusion.

No formal action was taken during the town hall; the board said it would not change assessment method without addressing legal constraints and possible court implications.