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Heads up about condo HOA special assessment $15K: can they do this?

Started by pls_no_judge_2 · Nov 19, 2025 · 7 replies
This discussion is for informational purposes only and does not constitute legal advice. For specific legal guidance, consult a licensed attorney in your jurisdiction.
CM
pls_no_judge_2 OP

I got a letter from my HOA board last week saying they've approved a $15,000 special assessment per unit for an emergency roof replacement. There are 40 units in our complex so that's $600K total for the project.

Here's my issue: there was no homeowner vote. The board just decided this on their own. The letter says it's due within 60 days. I don't have $15K sitting around, and I'm furious that the board has apparently been underfunding reserves for years and now they're dumping this on us.

We're in California. Can they really do this without a vote of the membership?

LF
Jessica_M Attorney

This is governed by the Davis-Stirling Common Interest Development Act (California Civil Code §§ 4000-6150). The answer depends on whether the assessment exceeds certain thresholds:

Under § 5605, the board can levy special assessments without a member vote, but only up to 5% of the association's budgeted gross expenses for the current fiscal year. If the assessment exceeds that 5% threshold, a vote of the membership is required, and it must be approved by a majority of a quorum of the members.

Your options:

CM
pls_no_judge_2 OP

Okay, so the vote was definitely required. Our annual budget is around $180K, so 5% is only $9,000. This assessment is way over that.

I talked to a few neighbors and nobody is happy. Several of us are on fixed incomes or just don't have that kind of cash. Is there any requirement that the HOA offer a payment plan?

LF
Jessica_M Attorney

There's no statutory requirement to offer a payment plan for special assessments, but many HOAs do as a practical matter because they know not everyone can pay a lump sum. It's absolutely something you should request at the member meeting.

Also important: under § 5730, the HOA must offer a meet and confer process or alternative dispute resolution (ADR) before pursuing collections or placing a lien on your unit for unpaid assessments. And under § 5735, an HOA can only record a lien after the assessment is more than 30 days past due and the total amount owed is at least $1,800.

Strategically, I'd recommend organizing your neighbors to:

1. Petition for a special meeting (you only need 5% of owners, so 2 signatures in a 40-unit complex)
2. Demand to see the reserve study and the bids for the roof work
3. Propose a phased assessment with a payment plan option
4. Consider whether the board members who approved this without a vote should be recalled

HB
case_dismissed_69_6

I serve on an HOA board (different community) and I want to offer some perspective. Nobody on a volunteer board wants to levy a special assessment. It's the worst part of the job. But when reserves are underfunded and the roof is leaking, the board has a fiduciary duty to act.

That said, your board clearly messed up by not calling a member vote. The Davis-Stirling threshold is well-known and any competent HOA attorney would have flagged it. It makes me wonder if the board even consulted legal counsel.

My advice: don't make this adversarial if you can avoid it. Request the meeting, vote on the assessment properly, negotiate a payment plan, and then have a serious conversation about adequately funding reserves going forward so this doesn't happen again.

CM
pls_no_judge_2 OP

Brenda, that's fair. I don't want to go nuclear either. The roof does need work, I just don't think the board handled this correctly.

We got three neighbors to sign a petition for a special meeting and submitted it to the board today. We also asked for copies of the reserve study and the roofing bids. We'll see what happens.

If the assessment does go through after a proper vote, can it be structured as monthly installments over, say, 12-24 months? That would make it much more manageable than a $15K lump sum in 60 days.

LF
Jessica_M Attorney

Absolutely. There's nothing in the Davis-Stirling Act that requires a special assessment to be a lump sum. The membership can vote to approve the assessment payable in monthly or quarterly installments. I've seen 12, 18, and 24-month payment plans for large assessments, and it's very common.

The HOA could also explore a loan (there are lenders that specifically finance HOA capital improvements) which would allow the cost to be spread across the membership over several years through slightly increased monthly dues rather than a one-time special assessment. This is worth raising at the meeting as an alternative.

CL
commuter_life_7

I just went through this exact situation in my building last year and wanted to share what worked. Our board tried to levy a 12,000 dollar special assessment for elevator modernization without a membership vote. We organized the owners, demanded a special meeting under Davis-Stirling (Civil Code Section 5610), and forced a vote.

The vote actually passed, but here is the important part -- during the process of challenging it, we discovered that the board had not been conducting a reserve study as required under Civil Code Section 5550. California law requires HOAs to conduct a reserve study at least every three years, and the board must distribute a summary to all members annually. Our board had skipped two cycles. This meant they had been underfunding reserves for years, which is why they needed the special assessment in the first place.

We used this as leverage to negotiate a 24-month payment plan with zero interest. The board agreed because they knew their failure to conduct reserve studies was a breach of their fiduciary duty. We also got them to agree to hire a professional reserve study company going forward and to create a reserve funding plan that would prevent future emergency assessments.

For anyone facing a similar situation: always start by requesting copies of the most recent reserve study, the board meeting minutes where the assessment was approved, and all bids for the work. Under Davis-Stirling, you have a right to inspect these records within 10 business days of a written request (Civil Code Section 5210). If the board refuses, they can be liable for a 500 dollar penalty per violation plus your attorney fees.

HI
help_im_lost_11 Attorney

I handle HOA disputes in Arizona and California and want to flag an enforcement angle that often gets overlooked. Under the Davis-Stirling Act (Cal. Civ. Code Section 5605), special assessments exceeding 5% of the budgeted gross expenses for that fiscal year require approval by a majority of a quorum of members. If the board levied a $15,000 per-unit special assessment without holding the required vote, the assessment is procedurally defective.

Recent case worth noting: Almanor Lakeside Villas Owners Ass’n v. Carson (2016) 246 Cal.App.4th 761 established that boards must strictly comply with the assessment procedures in the CC&Rs and Davis-Stirling. Courts will void an assessment that was not properly noticed and voted on, even if the underlying expense was legitimate. The procedural protections are not optional.

For the OP: if your board has already spent money based on the improperly levied assessment (started the roof work, signed a contractor), that creates a more complicated situation. The board members could face personal liability for authorizing expenditures without proper approval under Civil Code Section 5800. This is the kind of leverage that typically brings boards to the negotiating table quickly. A demand letter from an attorney citing these provisions usually resolves the issue without litigation — and in my experience, attorney fees in these cases run $2,500–$5,000 for the demand letter stage, which is well worth it on a $15K assessment.