In California, whether an HOA can impose a special assessment without a community vote depends on the specific circumstances of the assessment. Here’s a general overview:
Board Authority: In many cases, the HOA board has the authority to impose special assessments for necessary repairs, maintenance, or other expenses that are not covered by the regular budget. This is often allowed if the assessment is for emergency purposes or to address urgent needs that cannot wait for a vote.
Limits on Special Assessments: California Civil Code § 5605 limits the amount of a special assessment that can be imposed without a vote of the membership. Specifically, if the special assessment exceeds 5% of the HOA’s budgeted gross expenses for the fiscal year, the assessment must be approved by a majority vote of the membership. There are exceptions for emergencies, such as situations where the health and safety of the community are at risk (e.g., repairing a collapsed roof or addressing a hazardous condition).
Notice Requirements: Even if a vote is not required, the HOA must provide proper notice to homeowners about the special assessment. This typically includes an explanation of the purpose of the assessment, the amount, and the payment schedule.
Homeowner Protections: If homeowners believe the special assessment is unreasonable or not properly authorized, they may have the right to challenge it. This could involve disputing the assessment through internal HOA procedures or taking legal action.