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Propty
Financial

Special Assessment

A one-time or temporary charge levied on homeowners to fund unexpected expenses or large capital projects that cannot be covered by the operating budget or reserve fund. Special assessments often arise when reserves are underfunded and a major component fails prematurely — for example, a $500,000 roof replacement in a 100-unit community could mean a $5,000 per-unit special assessment. In California, special assessments exceeding 5% of the current fiscal year's budgeted gross expenses require approval by a majority of the membership (Civil Code Section 5605(b)). The board may levy a special assessment without member approval if it does not exceed that 5% threshold, or in an emergency involving an immediate threat to health or safety (Civil Code Section 5610). Associations typically offer payment in installments — often 6 to 24 months — to reduce the financial burden on homeowners. Boards should provide detailed documentation showing why the special assessment is necessary, how the amount was calculated, and what alternatives (such as a loan) were considered. Well-funded reserves significantly reduce the likelihood of special assessments, which is why maintaining a percent funded level of 70% or higher is recommended. Special assessments are legally enforceable obligations and follow the same collection procedures as regular assessments, including late fees and liens.

Example in Context

After the reserve study revealed a $1.2 million shortfall, the board proposed a special assessment of $6,000 per unit payable over 18 months, subject to membership approval since it exceeded 5% of the annual budget.

State-Specific Notes

California: Special assessments exceeding 5% of the current fiscal year budget require member approval under Civil Code Section 5605.

Frequently Asked Questions

Can an HOA levy a special assessment without homeowner approval?

In California, yes — but only if the special assessment does not exceed 5% of the current fiscal year's budgeted gross expenses (Civil Code Section 5605(b)). Special assessments above that threshold require a majority vote of the membership. An exception exists for true emergencies involving immediate threats to personal safety or structural integrity (Civil Code Section 5610).

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