HOA topic guide
Can my HOA levy a special assessment and how much is allowed?
A special assessment is a one-time charge levied against all owners — or a defined subset — to fund a capital project, emergency repair, or reserve shortfall that cannot be covered by the operating budget. Unlike regular dues, special assessments require a specific procedural trigger in the governing documents and, above a threshold amount, a membership vote. The legality of a special assessment frequently hinges on whether the board followed the Declaration's procedural requirements, whether the project was within the board's authority, and whether adequate notice was given. Installment plans are commonly available by board discretion, even when the documents don't expressly require them.
What most CC&Rs say
Most CC&Rs empower the board to levy a special assessment up to a cap — often expressed as a percentage of the annual regular assessment (frequently 5-15% per unit) — without a membership vote. Assessments above that threshold require approval by a majority or super-majority of members voting. Written notice of at least 30 to 60 days is standard, with the notice specifying the purpose, total amount, per-unit share, and payment deadline. Emergency assessments for urgent repairs (failed roof, plumbing failures) sometimes have lower procedural thresholds. Reserve fund contributions are legally distinct from special assessments in most states, though shortfalls may require an assessment.
Every HOA's governing documents differ. The patterns above reflect common drafting conventions — your CC&Rs may be more or less restrictive.
Real answers from real HOAs
See all →State-specific examples
Coming soon
State-by-state breakdowns for this topic are on the roadmap. Check back, or browse real HOA answers above.
Ask your own HOA
What do your CC&Rs say?
Upload your governing documents and get instant, cited answers from your specific CC&Rs — every section reference links back to the exact page. Free forever for boards under 250 homes.
Run an HOA? Free for boards under 250 homes.
Ask unlimited bylaw questions, manage violations, and share cited answers with your residents — no credit card required.