🏘️ “Special Assessments: What They Are, When They’re Legal, and How to Push Back

You're already paying monthly dues. Then one day, a letter arrives:“Due to unexpected repairs, each homeowner is hereby assessed $1,750, payable in 30 days.”

Welcome to the world of special assessments—the HOA equivalent of a financial curveball.

They happen more often than homeowners think. Roof replacements, storm damage, pool repairs, lawsuits, or insurance shortfalls—when the HOA doesn’t have enough in reserves, the cost gets passed directly to you. And it’s not optional.

But while special assessments can be legal, they’re not always justified. And they’re definitely not beyond challenge.

What Exactly Is a Special Assessment?

A special assessment is a one-time fee levied by the HOA to cover costs not included in the regular operating budget.

These costs usually fall into one of three buckets:

• Emergency repairs (flooding, structural damage, etc.)

• Major upgrades (roofing, pavement, security systems)

• Legal or insurance expenses (lawsuits, settlements, deductibles)

If the HOA doesn’t have adequate reserves—or if the reserve study was ignored—it turns to homeowners to fill the gap.

Are They Allowed to Do This?

In most cases, yes. HOAs have the authority to levy special assessments under their CC&Rs and state law. But that authority usually comes with strings attached:

• Notice Requirements: Boards must notify homeowners in advance, often in writing and with a detailed breakdown of the costs.

• Member Approval: Some states (and governing documents) require a vote if the assessment exceeds a certain dollar amount or percentage of the annual budget.

• Documentation: Homeowners are entitled to see vendor contracts, reserve studies, and the reasoning behind the decision.

If your board skips any of these steps, the assessment may be procedurally invalid.

When to Ask Questions (and What to Ask)

Special assessments deserve scrutiny. Here’s what every homeowner should ask the moment one is announced:

• Where’s the reserve fund? If the HOA didn’t save for long-term expenses, why not?

• Why now? Was this really unforeseeable? Or just ignored until it became urgent?

• What alternatives were considered? Were bids solicited? Was a loan discussed instead?

• Is this being applied fairly? Are all units paying proportionally? Are exceptions being made?

• Do we get a vote? Many HOAs need member approval for large assessments—but don’t advertise that fact.

Boards count on apathy and ignorance. Don’t give them either.

How to Push Back Without Burning Bridges

Disputing a special assessment doesn’t make you a troublemaker. It makes you a responsible homeowner. But how you approach it matters:

• Gather your documents: Review your CC&Rs, bylaws, and any prior reserve studies.

• Ask for the full scope of the project: Not just the total cost, but a line-by-line estimate.

• Talk to other owners: You’re rarely the only one concerned. Organize.

• Attend meetings and speak up: Public record matters. So does calm, focused pressure.

• Request a vote if your documents allow it: Some HOAs hope no one reads the fine print.

If the board refuses transparency, that’s a red flag. And if they won’t allow questions? That’s a war drum.

The Bigger Picture

HOAs aren’t evil for issuing special assessments. Sometimes, they’re necessary. But surprise bills for thousands of dollars are a symptom of poor planning or board negligence—and homeowners deserve answers.

Special assessments should be rare, well-documented, and equitably applied. If they aren’t, it’s not just your bank account that’s under pressure—it’s the integrity of the entire HOA.

And if enough homeowners push back, boards will think twice before passing the buck again.