HOA Special Assessments: Votes, Notice and Limits

A special assessment is a charge an HOA or condo association levies on top of regular dues, usually for a major repair, an insurance shortfall or a budget gap. Whether the board can impose one alone, how much notice owners get and what happens if it goes unpaid depend on the governing documents and state law.

This guide uses California, Florida, Washington and West Virginia as examples. For your specific situation, a licensed attorney in your state is the right resource. This is general information, not legal advice.

What is an HOA special assessment?

Regular assessments (dues) fund the annual budget; a special assessment is anything outside it. Florida's condominium statute puts it this way: "'Special assessment' means any assessment levied against a unit owner other than the assessment required by a budget adopted annually" (Fla. Stat. § 718.103(27)).

The power to levy one usually comes from the recorded declaration (the CC&Rs) working together with state statute. In California, "the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this act" (Cal. Civ. Code § 5600(a)), but it "shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied" (§ 5600(b)). The bylaws, state nonprofit corporation law and federal law also shape how an association operates, so no single statute tells the whole story. HOA fees and dues explained covers how special assessments fit alongside regular dues.

Can an HOA charge a special assessment without a vote?

It depends on the state and the documents.

• California limits what the board can do alone. The board may not "impose special assessments which in the aggregate exceed 5 percent of the budgeted gross expenses of the association for that fiscal year without the approval of a majority of a quorum of members" (Cal. Civ. Code § 5605(b)). Below that threshold, the statute itself does not call for a member vote.
• Washington gives owners a veto. A board-proposed special assessment "is effective only if the board follows the procedures for ratification of a budget described in subsection (1) of this section and the unit owners do not reject the proposed assessment" (RCW 64.90.525(3)). Rejection takes owners holding "a majority of the votes in the association" (or more if the declaration says so), "whether or not a quorum is present" (§ 64.90.525(1)(a)). The section reaches communities created on or after July 1, 2018 and many older ones (RCW 64.90.360, 64.90.365). From January 1, 2028, the chapter is set to apply to all common interest communities, subject to listed exceptions (RCW 64.90.360(1)–(2)).
• Florida's HOA and condo provisions discussed here regulate notice and purpose rather than setting a percentage cap, so an owner-vote requirement usually comes from the declaration or bylaws. One statutory exception applies to condos: a special assessment used to fund the structural integrity reserves for the items listed in § 718.112(2)(g) "requires the approval of a majority vote of the total voting interests of the association" (Fla. Stat. § 718.112(2)(f)2.c.(I)).

How much can my HOA raise dues? covers the parallel rules for regular assessments.

Emergency special assessments

California's 5 percent limit has an exception: "Section 5605 does not limit assessment increases necessary for emergency situations" (Cal. Civ. Code § 5610). The statute defines an emergency narrowly: an extraordinary expense "required by an order of a court"; one needed to operate, repair or maintain property the association is responsible for "where a threat to personal health or safety or another hazardous condition or circumstance on the property is discovered"; or a repair expense "that could not have been reasonably foreseen by the board in preparing and distributing the annual budget report." For that last category, the board must first pass a resolution with "written findings" explaining the need and why it was not foreseeable, and send it to members with the notice of assessment.

Florida's condo statute draws a similar line: its 14-day notice rule (below) applies to a "nonemergency special assessment" (Fla. Stat. § 718.112(2)(c)1.).

How much notice comes before a special assessment?

• California: individual notice of any increase in regular or special assessments "not less than 30 nor more than 60 days prior to the increased assessment becoming due" (Cal. Civ. Code § 5615).
• Florida HOAs: "An assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments," and written notice of a meeting considering special assessments goes out "not less than 14 days before the meeting" (Fla. Stat. § 720.303(2)(c)2.).
• Florida condos: notice of a meeting on a nonemergency special assessment goes out "at least 14 days before the meeting" and must "provide the estimated cost and description of the purposes for such assessments" (Fla. Stat. § 718.112(2)(c)1., 3.).
• Washington: because a special assessment follows the budget-ratification process, owners get a meeting "not less than fourteen nor more than fifty days after providing the budget" (RCW 64.90.525(1)(a)).

Does the money have to be spent on the stated purpose?

In Florida condos, yes: "The funds collected pursuant to a special assessment shall be used only for the specific purpose or purposes set forth in such notice," and leftover money becomes common surplus that the board may return to owners or credit toward future assessments (Fla. Stat. § 718.116(10)). In Florida HOA communities created after October 1, 1995, a special assessment "must be in the member's proportional share of expenses as described in the governing document" (§ 720.308(1)(a)).

Can a special assessment be paid in installments?

Washington addresses it directly: "The board may provide that the special assessment may be due and payable in installments over any period it determines and may provide a discount for early payment" (RCW 64.90.525(3)). Elsewhere, installments usually depend on the board and the documents. In Florida HOAs, unpaid "installments on assessments" bear interest, at 18 percent simple interest if the documents set no rate (Fla. Stat. § 720.3085(3)).

Can an unpaid special assessment become a lien?

Generally, yes, like regular assessments. A Florida HOA "has a lien on each parcel to secure the payment of assessments" when the governing documents authorize it (Fla. Stat. § 720.3085(1)), and the statute's lender-liability rule expressly counts "regular periodic or special assessments" (§ 720.3085(2)(c)). A Florida condo association "has a lien on each condominium parcel to secure the payment of assessments" (§ 718.116(5)(a)). California's lien covers "The amount of the assessment" plus collection costs, late charges and interest once a notice of delinquent assessment is recorded (Cal. Civ. Code § 5675(a)). Where West Virginia's lien statute applies, "If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due" (W. Va. Code § 36B-3-116(a)).

What is an HOA lien?, What happens if I stop paying HOA dues? and Can my HOA foreclose on my home? explain the consequences, and the HOA foreclosure and liens topic page links each state guide.

West Virginia: small and limited expense liability HOAs

West Virginia's Uniform Common Interest Ownership Act (Chapter 36B) carves out small and low-budget planned communities. Under W. Va. Code § 36B-1-203, one of the Act's rules for new common interest communities, a planned community with "no more than twelve units" and no development rights, or whose declaration caps average annual residential common expense liability at "$300" (adjusted for inflation under § 36B-1-114), "is subject only to sections 1-105 (separate titles and taxation), 1-106 (applicability of local ordinances, regulations and building codes) and 1-107 (eminent domain) unless the declaration provides that this entire chapter is applicable."

So in a planned community that fits either exception, the Act's assessment section (§ 36B-3-115) and lien section (§ 36B-3-116) do not apply by default; the declaration, bylaws and state nonprofit corporation law are the main sources on special assessments. Even where § 36B-3-115 applies, it does not use the phrase "special assessment" or set an owner-vote threshold; it requires assessments "at least annually, based on a budget adopted at least annually." Whether a community qualifies for the exception is a question for a licensed West Virginia attorney. The West Virginia HOA law guide covers the Act's other rules.

Does insurance cover a special assessment?

Sometimes, in part. Washington's Office of the Insurance Commissioner says "loss assessment" coverage in a condo unit-owner policy "may help you pay for special assessments the association charges its members for losses the community sustained." Maryland's Insurance Administration describes it as coverage, "subject to certain terms and monetary limits, for a unit owner's share of a common area claim if it exceeds the master policy limits or is less than the master policy's deductible." This is general insurance information, not a product recommendation; the policy's own terms and the state insurance department are the authoritative sources.

When owners think a special assessment is improper

Homeowners who question an assessment generally start with the declaration, bylaws, meeting notice, minutes and budget records (see HOA records requests). Many attend the board meeting where it is considered; in Florida HOAs, "Members have the right to attend all meetings of the board" (Fla. Stat. § 720.303(2)(b)). The HOA meetings topic page covers other states.

If notice, a required vote or a statutory limit appears to have been skipped, internal dispute resolution, mediation or other options may be available depending on the state and the facts. Withholding payment carries risk, because an unpaid assessment can bring late charges, a lien and in some states foreclosure. HOA laws by state points to each state's statutes, including California and Florida.

Frequently asked questions

Can an HOA charge a special assessment without a vote?

Often, within limits. California requires member approval once special assessments in a fiscal year exceed 5 percent of budgeted gross expenses, except in defined emergencies. Washington lets owners reject a proposed special assessment. Elsewhere the governing documents often decide whether a vote is needed.

How much notice does an HOA have to give for a special assessment?

It varies. California requires individual notice 30 to 60 days before the assessment is due. Florida HOAs must give at least 14 days' written notice of a board meeting where a special assessment will be considered, and Florida condos must do the same for a nonemergency special assessment.

Is a condo special assessment different from an HOA special assessment?

The concept is the same, but the statutes can differ. Florida condos fall under chapter 718, which expressly limits special assessment funds to the purpose stated in the notice (§ 718.116(10)); Florida HOAs fall under chapter 720. Condo association vs. HOA explains the broader differences.

Can an HOA put a lien on my house for an unpaid special assessment?

Often, yes. The lien statutes in Florida, California and West Virginia cover assessments generally, and Florida's lender-liability rule names special assessments expressly. Notice requirements and foreclosure limits vary by state.

Sources

• California Civil Code § 5600 — Levy of regular and special assessments
• California Civil Code § 5605 — Member approval for assessment increases
• California Civil Code § 5610 — Emergency situations
• California Civil Code § 5615 — Notice of assessment increases
• California Civil Code § 5675 — Notice of delinquent assessment; lien
• Florida Statutes § 718.103 — Condominium definitions
• Florida Statutes § 718.112 — Condominium bylaws; board meetings
• Florida Statutes § 718.116 — Condominium assessments; liens
• Florida Statutes § 720.303 — HOA powers; board meetings
• Florida Statutes § 720.308 — Assessments and charges
• Florida Statutes § 720.3085 — Payment for assessments; lien claims
• RCW 64.90.525 — Budgets; assessments; special assessments
• RCW 64.90.360 — Common interest communities (applicability)
• RCW 64.90.365 — Common interest communities; exceptions
• W. Va. Code § 36B-1-203 — Exception for small and limited expense liability planned communities
• W. Va. Code § 36B-1-114 — Adjustment of dollar amounts
• W. Va. Code § 36B-3-115 — Assessments for common expenses
• W. Va. Code § 36B-3-116 — Lien for assessments
• Washington Office of the Insurance Commissioner — Learn how condo insurance works
• Maryland Insurance Administration — Condominium insurance