Proposition 13
Also known as: Prop 13
Proposition 13 is a 1978 California constitutional amendment (Article XIII A) that fundamentally changed property taxation in the state. It caps the ad valorem property tax rate at 1% of a property's assessed value, limits annual increases in assessed value to no more than 2% per year regardless of actual market appreciation, and establishes the purchase price as the base year value for assessment purposes. When a property is sold or undergoes a change of ownership, it is reassessed at the current market value, which becomes the new base year value. This creates a situation in HOA communities where long-time owners may pay dramatically lower property taxes than recent buyers of identical units — a disparity that has no effect on HOA assessments but can influence community dynamics and owner expectations. Proposition 13 does not apply to HOA assessments, which are governed by the Davis-Stirling Act and the association's governing documents, not by property tax law. Board members sometimes field questions from owners who confuse the 2% cap on property tax increases with HOA assessment increases — the two are entirely separate. HOA assessments can increase by any amount approved through the proper Davis-Stirling procedures, subject to the 20% annual increase limit that requires a member vote. Reassessment triggers under Proposition 13 include sale, transfer to a non-exempt party, and new construction. Certain transfers — such as parent-to-child transfers under Proposition 19 (which replaced the broader Proposition 58 exemption) — may qualify for reassessment exclusions with limitations.
Common Misunderstanding
Many homeowners assume Proposition 13's 2% annual cap applies to their HOA assessments. It does not. Proposition 13 governs only county property taxes. HOA assessment increases follow Davis-Stirling Act rules, which allow up to 20% annual increases without a member vote.
Related Terms
Frequently Asked Questions
Does Proposition 13 limit how much an HOA can increase assessments?
No. Proposition 13 only limits property taxes assessed by the county, not HOA assessments. HOA assessment increases are governed by the Davis-Stirling Act. The board can increase regular assessments by up to 20% per year without a member vote. Increases above 20% require approval by a majority of the membership. Special assessments exceeding 5% of the current year's budgeted gross expenses also require a member vote. These limits are entirely separate from Proposition 13.