Yes, they are.

Let's deal with the advice and how it is incorporated into any GM drainage proposal, not the "if". 

Your consideration of the operative word "if" is of no importance. That is unless you believe the GM should spend time and effort to consider income level and physical ability in regard to DR enforcement of anything when the DRs provide for no such consideration in enforcement of the DRs.

I am dealing with what the GM is saying. Seems like a reasonable thing to do. He is saying that income and physical ability may have to be considered as he develops his drainage plan if OPA's attorney says owners are responsible in some way under the DRs. I ask again, why even consider income or physical ability in any consideration of DR enforcement when the DRs provide no such consideration in enforcement?

Thus, no matter IF the DRs are determined to support owner drainage maintenance responsibility, no income level or physical ability can be considered in enforcing the DRs.

Your turn.