Can an HOA charge different dues to different owners?
Reviewed by the OurHOA team · Updated June 2026
Whether an HOA can charge some homeowners higher dues than others, what the uniformity-of-assessment rule requires, and when tiered or differential dues are actually lawful.
The short answer
Usually not arbitrarily - regular assessments normally have to be charged on a uniform, predefined basis set out in the governing documents, so a board cannot simply decide one owner pays more than a comparable neighbor. But 'uniform' does not always mean 'identical.' Many declarations and most condominium statutes allocate dues by a fixed formula - equal shares, unit square footage, or each unit's ownership percentage - and differences that follow that formula are perfectly legal. The line is between a difference that flows from the documents' allocation method and a difference the board invented case by case, which is what owners can challenge.
The uniformity-of-assessment rule
The core principle is that assessments must be levied according to a consistent method fixed in advance, not improvised. Most CC&Rs contain a uniform-rate or uniform-basis clause requiring that regular assessments be charged the same way to every owner in the same class, and state law reinforces it: California's Civil Code section 5605, for example, requires that regular and special assessments be levied on the basis provided for in the governing documents. The point is predictability and fairness - you should be able to read the documents and calculate your own share, and so should your neighbor, with no room for the board to single anyone out.
When different amounts are lawful
Plenty of communities legitimately charge owners different dollar amounts, because the documents allocate cost by something other than a flat equal share. Common lawful bases include: square footage or unit size (larger homes pay more); ownership percentage or 'par value' in a condominium, where each unit's share of common expenses is set in the declaration; and separate classes or sub-associations - for example, owners with access to a private amenity, or a townhome section versus a single-family section, paying a different rate tied to the costs they actually generate. Benefit-based or 'exclusive use' charges (a dock slip, a reserved parking structure, a gated sub-neighborhood's private streets) are also generally allowed when the documents authorize them. In each case the difference is built into the formula and applied to everyone in that category the same way.
Where differential dues cross the line
Differential charges become a problem when they are not grounded in the documents or are aimed at a person rather than a category. A board cannot raise one owner's regular dues as punishment for a dispute, charge new buyers a higher ongoing rate than existing owners for the same unit type, or carve out a single home for a surcharge with no basis in the declaration. Watch the labels, too: a one-time benefit charge or a fine is not the same as 'dues,' and relabeling a penalty as an assessment to make it lienable is a recognized defect - see our guide on the difference between an HOA assessment and a fine. If your bill is higher than a truly comparable neighbor's and you cannot trace the difference to the allocation method in the documents, that is the red flag.
How to check whether your dues are calculated correctly
Start with the assessments article of your CC&Rs and any condominium declaration schedule that lists each unit's percentage interest or allocated share. Confirm the basis - equal, by size, by percentage, by class - then check that your charge follows it and that owners in your category are being charged the same way. Ask the board or manager for the current budget and the allocation schedule; you generally have a right to inspect those records. If the numbers do not line up, raise it in writing and ask for the specific provision the board is relying on. Our guide on how to read HOA financials helps you make sense of the budget, and our guide on how to request HOA records walks through getting the underlying documents.
How OurHOA helps
Uniformity disputes almost always come down to whether the allocation method was applied the same way to everyone - something that is easy to get wrong when assessments are tracked by hand across a changing roster. OurHOA helps small self-managed communities set each owner's assessment from the basis written into their documents and apply it consistently across the community, so every homeowner's share is calculated the same way and the board can show exactly how any difference is grounded in the governing documents rather than in who is being charged.
OurHOA is the friendly, affordable way self-managed communities keep dues, records, and reminders in one place. See how it works.
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.