HOA Special Assessments: Can They Charge You?

A surprise four- or five-figure special assessment is one of the most stressful HOA experiences. The board does have the power to levy them — but only within rules on amount, voting, and notice that many boards get wrong.

What a Special Assessment Is

A special assessment is a one-time charge beyond regular dues, used to cover unexpected or large expenses: a failed roof, major repairs, a legal judgment, or an underfunded reserve. Because it falls outside the normal budget, it usually triggers stricter approval and notice requirements than a routine dues increase.

The legal basis for a special assessment must be in your CC&Rs and consistent with state law — a board cannot invent the power to levy one if the governing documents do not grant it.

Voting and Dollar Limits

Many states and CC&Rs cap how large a special assessment the board can impose without a membership vote. California, for instance, generally requires member approval for special assessments that exceed 5% of the budgeted gross expenses in a fiscal year. Above the threshold, the board must put it to the owners.

Check both your state statute and your CC&Rs for the exact percentage or dollar trigger, and whether a quorum and specific vote margin are required.

Required Notice and Meeting

A special assessment usually must be adopted at a properly noticed open meeting, with advance written notice to owners before it becomes due. Skipping the open-meeting requirement, failing to give notice, or exceeding the board's authority are the most common defects that make an assessment challengeable.

How to Challenge a Special Assessment

Request the meeting minutes, the vote tally, and the budget or estimate justifying the amount. Confirm the board had authority under the CC&Rs, stayed within any cap, obtained any required member vote, and gave proper notice. If a step is missing, submit a written objection citing the specific rule and, if needed, raise it at the next meeting or in your state's dispute-resolution process.

Frequently Asked Questions

Can an HOA charge a special assessment without a vote?

Often only up to a limit. Many states and CC&Rs let the board impose a special assessment below a threshold (California generally caps board-only special assessments at 5% of budgeted gross expenses per year) but require a member vote above it.

What can an HOA special assessment be used for?

One-time or unexpected costs outside the normal budget — major repairs, a failed roof, a legal judgment, or replenishing an underfunded reserve. The power to levy it must exist in your CC&Rs.

How much notice must an HOA give for a special assessment?

It is usually adopted at a properly noticed open meeting with advance written notice before the charge is due. Failing to give notice or to hold an open meeting is a common defect that makes an assessment challengeable.

How do I challenge an HOA special assessment?

Request the minutes, vote tally, and supporting budget; confirm the board had authority, stayed within any cap, got any required vote, and gave notice; then submit a written objection citing the specific rule if a step was missed.