What is an HOA special assessment and can they just charge me?
A special assessment is an extra amount the association bills owners on top of regular dues. It is usually for a big, unbudgeted cost — a roof, a lawsuit deductible, an insurance jump, or a reserve that ran dry. It can be legal. It is not automatically legal just because the board emailed a number. Whether they can “just charge you” depends on the CC&Rs, the bylaws, notice rules, and any owner-vote threshold in those documents or in state statute.
Typical process: the board adopts a budget each year that sets regular assessments. When a project or shortfall does not fit, they levy a special assessment. Some declarations let the board do that up to a dollar or percentage cap. Above the cap, owners vote. Emergency clauses (safety, insurance, a court order) sometimes let the board skip a vote. You still get a bill with a due date. Unpaid special assessments are usually collected like unpaid dues — late fees, a lien, sometimes foreclosure.
What controls: the assessment article in the CC&Rs (board authority, caps, vote percentage, notice), the bylaws, the budget the board already adopted, and state statute. There is no federal cap on special assessments.
State examples, labeled as such — not national law:
- California: Civ. Code 5605 generally lets the board impose special assessments that, in the aggregate, do not exceed 5% of that year’s budgeted gross expenses without a membership vote. Above that, a majority of a quorum of members must approve, unless it is a qualifying emergency under Civ. Code 5610. Regular assessment increases have a separate 20% rule. Those numbers are California’s, not a U.S. ceiling.
- Arizona planned communities: A.R.S. 33-1803 is often cited for a 20% cap on regular assessment increases without a membership vote, plus limits on special assessments. Arizona condominiums sit under a different chapter. Do not import Arizona’s numbers into another state.
- Florida and many other states: the declaration’s own cap and vote rules often do the work, plus any budget-notice statute. Do not assume California’s 5% figure applies.
Next steps:
- Read the assessment and special-assessment sections of your CC&Rs and the notice you got. Note any vote, quorum, or emergency language.
- Request the budget, reserve study, bids, and the meeting minutes where this was passed.
- Keep paying regular dues on time even while you question the extra bill.
- If the levy skipped a required vote or notice, see the companion question on disputing a special assessment — still usually pay (or pay under written protest) while you challenge.
If the amount is large, the vote looks skipped, or a collection letter already arrived, call a lawyer licensed in your state.
Member moves. Demand an itemized ledger and the authority for each line — in writing. Keep paying undisputed regular assessments. Fight the disputed lines on paper, not by withholding dues.
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, call a lawyer licensed in your state.