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, talk to a lawyer licensed in your state.
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.