Can I dispute a special assessment if they skipped the vote or notice?
Yes, you can challenge a special assessment if the board skipped a vote, notice, or cap that the CC&Rs or state statute required. That does not mean you get a free pass to stop paying. Most owners who “refuse the illegal bill” still get late fees and a collections file while the argument plays out. Pay regular dues. Treat the extra assessment as a separate, documented dispute.
Typical process: the board announces a project and a dollar amount. Owners check the declaration and find a membership-vote threshold, a dollar cap, or a 30-day notice rule that was skipped. You write the board, request the minutes, budget, bids, and the resolution, and ask them to ratify the levy the right way or rescind it. Some owners pay under written protest so the association cannot call them delinquent while they contest the procedure.
What controls: the special-assessment clause in the CC&Rs (board vs. owner vote, percentage, emergency exceptions), bylaws, the notice you actually received, the meeting minutes, and state statute. Emergency language is often narrow (safety, insurance, a court order). A board calling something an “emergency” does not automatically make it one.
State examples, labeled as such:
- California: Civ. Code 5605 generally requires a membership vote when special assessments in a fiscal year exceed 5% of budgeted gross expenses, unless Civ. Code 5610’s emergency categories apply. Missing the annual budget disclosures can also affect the board’s ability to raise regular assessments.
- Arizona planned communities: A.R.S. 33-1803 is the statute people cite for assessment-increase and special-assessment limits that need a member vote. It is not a national template.
- Georgia and other declaration-driven states: the recorded cap and vote percentage are often the whole fight if the statute is thin.
Next steps:
- Read the assessment article and the notice. Write down the vote, quorum, and notice language.
- Request, by certified mail, the minutes, the resolution, the budget, bids, and the reserve study.
- Keep paying regular assessments. If you pay the special assessment, do it with a letter that says “paid under protest” and keep the proof.
- Do not withhold dues to force a redo of the vote.
- Attend the next membership or board meeting. If neighbors agree, a petition may be stronger than one letter.
If the amount is large, they already sent it to collections, or the “emergency” looks like a skipped vote, talk to a lawyer licensed in your state. Bring the CC&Rs, the notice, and the minutes.
This is general information from an AI helper, not legal advice. Confirm it against your documents and your state’s law. If a deadline or hearing is coming up, talk to a licensed lawyer.