Avoiding Conflict: Unique Issues in Senior Housing Communities

Coachella Valley Office Managing Shareholder

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Practices: Community Association Counsel | Civil Litigation

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Avoiding Conflict: Unique Issues in Senior Housing Communities

*Article originally published in CA-CV HOA Living Magazine, September 2025

If you’re a resident of the Coachella Valley—or someone who comes here to work or play—you know about the demographic makeup of our communi­ties. Older adults from across the country (and the world) choose to come to our beautiful valley to live out their retired lives, in search of a warmer climate and a high quality of life. The Coachella Valley’s economy and social fabric rely upon these older adults and their investments throughout the desert cities.

As verified by the U.S. Census Bureau, the population of the Coachella Valley is older in comparison with the rest of Riverside County. As of 2023, 19.4% of the Coachella Valley’s residents are indi­viduals aged 65 and older. By contrast, throughout all of Riverside County, only 15.7% of residents are aged 65 years and older.

In addition to having a generally older population, we also have a large number of senior housing communities in the Coachella Valley. Senior housing communities must satisfy both federal and state laws on senior housing in suggestions for preserving open com­munication with older residents before a conflict escalates into a full-blown dispute.

At the outset, senior housing com­munities are unique from other types of housing because they often offer cama­raderie and fellowship to seniors, along with services in addition to housing. Some senior housing communities in the Coachella Valley provide recreational opportunities, extra amenities, on-site services (e.g., beauty salon, library, private space rental, restaurants), as well as association-sanctioned committees, interest groups, and social events.

It is not uncommon for individuals working in senior communities to develop deeper relationships with res­idents; sometimes even forming close friendships. Such relationships can be extremely valuable to all involved. Unfortunately, these relationships can also open an association and its board members to possible liability if the association doesn’t closely follow the requirements in the law or governing documents. The likelihood of conflict can increase if there is a preexisting relationship, as feelings may be hurt when the association exercises its enforcement powers as required under applicable law.

Below are a few helpful tips to prevent conflicts from growing into bigger problems.

COMMUNICATION PREFERENCES

All people—no matter their age— appreciate direct and clear communi­cation. However, with rapid advances in technology in recent years, some older members may not have the same tech­nological skills that younger members have. This can make it harder for older residents to communicate effectively with the association electronically.

Younger members may consent to “electronic delivery” of association notices and competently open and review all correspondence. However, many senior members of Coachella Valley communities prefer the tele­phone, even if they list an email as their preferred delivery address.

As a general practice, if the asso­ciation sends a notice through a member’s preferred delivery method but receives a phone call in response, taking the time to return that call goes a long way. Confirming by phone that the owner received and reviewed the order to protect their “senior housing” status. This federal status legally allows a senior housing community to require residents to be of a certain age without facing claims of age discrimination.

This article does not discuss the legal requirements of senior housing communities—the literature on that topic is vast. Rather, it touches on ways to reduce conflict and provides practical correspondence shows courtesy and helps build trust. While telephone com­munication is not legally recognized notice, it is an appreciated courtesy.

Similarly, if an owner calls the management office to file a complaint, management should redirect the owner to submit the complaint in writing— either dropped off, mailed, or emailed. Taking the time to explain why written documentation is required may be new to that resident. Delivering this message by phone and making a note in the owner’s file will likely make the owner feel acknowledged and reduce the chance of escalation.

NOTICES

Association notices are generally provided by either “general” or “individ­ual delivery.” General delivery is often the default under the Davis-Stirling Common Interest Development Act. Civil Code § 4045 outlines several methods of general notice, including:

  • Including the notice in a billing statement, newsletter, or other document (Cal. Civ. Code § 4045(a)(2));
  • Posting in a prominent, designated location (Cal. Civ. Code § 4045(a)(3));
  • Posting on the association’s website (Cal. Civ. Code § 4045(a)(5)); or
  • Providing by “individual delivery” if requested (Cal. Civ. Code § 4045(a)(1)).

Rule changes, board or member meeting notices, and most election notices must generally be provided by general delivery unless governing documents state otherwise.

Notices requiring “individual deliv­ery” are less common. Each year, asso­ciations must solicit members’ preferred delivery method(s). A member may now designate up to two mailing addresses or two emails for individual notices.

Flexibility is important in senior communities. For example, an owner may initially request email delivery but later ask for paper notices instead. It is typically best to honor the request, even if not worded formally. Similarly, if an owner requests a mailed copy of a notice after receiving an email blast, sending the copy and following up for clarification is often the most practical solution.

IF ASSESSMENTS GO UNPAID

If assessments that were once paid on time stop being paid consistently, it may be worth making a phone call. Before calling, the association should consult its collections provider to ensure com­pliance with the Fair Debt Collection Practices Act (FDCPA). Older residents may be more likely to experience life or health changes that impact timely pay­ments, and a proactive, compassionate approach can help.

CONTACTING THE PROFESSIONALS

If the board or management becomes aware that a resident poses a health or safety risk to themselves or others, the association should immediately contact the appropriate authorities and encour­age residents to do the same. Dialing 9-1-1 in emergencies is always the right step. Associations should also assist with preparing a police report if requested, while keeping information confidential for privacy reasons.

Additionally, Riverside County’s Office on Aging connects seniors and families with support systems. Association representatives may contact the Office if an owner needs additional assistance. The Office oversees more than 27 programs and services that promote dignity, well-being, and inde­pendence for older adults and adults with disabilities. Since management staff are not trained social workers or medical professionals, it is important to reach out to the proper resources when needed.

No matter the age of the resident, people appreciate being heard and acknowledged. Managing communities to foster mutual respect and concern benefits both staff and residents. Hopefully, these small tips will help bring peace to your community.