The special assessment seems too high

These are the rules most state HOA acts and most well-drafted Bylaws have in common. Your community’s specific rule may differ — the bylaw concierge surfaces the exact citation.

• Most Declarations cap the percentage by which dues or assessments can be raised without an owner vote — often a single-digit percentage of the prior-year operating budget.

• Most state HOA acts require specific written notice (often 30 days) before a special assessment vote, including the dollar amount, the purpose, and the budget that justifies it.

• Most Bylaws require either a board majority or a supermajority of the membership for assessments above the cap — the correct threshold is usually printed in the Declaration.

• Owners generally have a right to inspect the supporting budget, the reserve study, and any vendor bids the assessment is based on.

1. 1

   Get the meeting notice and the resolution. Verify the notice window and the purpose of the assessment match what your Declaration requires.

2. 2

   Use the bylaw concierge to ask: "What is the cap on assessment increases without an owner vote, and what notice is required for a special assessment?" — get the section back with a citation.

3. 3

   Request the supporting documents in writing: the reserve study, the vendor bids, the litigation budget (if applicable), and the prior-year financials.

4. 4

   Compare the resolution to the cap. If the assessment exceeds the cap and didn't get the required member vote, document the procedural defect in writing to the board.

5. 5

   Attend the meeting. During the owner-comments period, ask the board to disclose the vote count, the notice date, and the supporting budget on the record.

6. 6

   If the assessment was approved with a procedural defect, your remedies depend on your state — common paths are mediation, an injunction request, or a complaint to the state HOA regulator.

• Don't refuse to pay while you challenge the assessment. Most Declarations let the association lien for unpaid assessments regardless of whether you're disputing them. Pay under protest if necessary, then pursue refund.

• Avoid framing the challenge as "the project isn't worth it". Boards win that argument almost always. Frame it as "the procedure wasn't followed" — that's where procedural defects matter.

• Reserve studies can be challenged but not ignored. If your association doesn't have one, the absence is a separate issue — start there.

These are general orientation only and are not legal advice. Specifics vary by state and by your governing documents — review with counsel before acting.

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