When you buy a home in a community governed by a homeowners association (HOA), you agree to pay regular dues that support shared services, amenities, and long-term maintenance. However, when an HOA imposes an unexpected special assessment—especially a substantial one—it can catch homeowners off guard and lead to significant financial strain.
In California, the law offers clear limits on how and when HOAs can issue special assessments, and it also gives homeowners specific rights and remedies. Understanding these protections is essential for anyone who wants to challenge an HOA special assessment or ensure their board is acting lawfully. 
At LS Carlson Law, we help homeowners navigate these challenges with confidence. Whether you’re facing an unfair assessment, denied access to key financial records, or a board that isn’t following the proper process, we’re ready to step in and help you fight back.                                                

What Is a Special Assessment?

A special assessment is an extra fee that an HOA charges its members outside of regular monthly dues. These assessments typically cover unplanned expenses like flood damage, emergency repairs, or major infrastructure improvements not included in the reserve fund.
There are different types of assessments depending on the need:
Emergency Assessments: Issued for urgent repairs due to hazardous conditions or natural disasters.  
Capital Improvement Assessments: Used to pay for upgrades such as elevator replacements, structural reinforcements, or beautification projects.
Reimbursement Assessments: Cover specific costs tied to individual units or violations of the HOA covenants.
The Davis-Stirling Act governs all HOA assessments in California, including special assessments, and sets strict rules about how and when they can be imposed.

California HOA Special Assessment Cap

Under California law, HOAs can’t impose just any amount whenever they choose. Civil Code §5605(b) limits special assessments to no more than 5% of the association’s budgeted gross expenses for that fiscal year, unless they receive approval from a majority of the membership.
This is often referred to as the California HOA special assessment cap, and it's meant to prevent boards from using assessments to cover poor planning or non-emergency expenses without input from homeowners. Any attempt to exceed this limit without a community vote can be challenged by affected members.

Special Assessment Notice Requirements

Homeowners have a legal right to be notified when a special assessment is proposed. The Davis-Stirling Act requires the board of directors to give at least 30 days' written notice before levying any assessment increase, including special assessments.
This notice should include:
The amount of the assessment   
The reason for the assessment
The due date(s) and payment plan options, if available
The financial documents supporting the need (e.g., reserve study or repair estimates)
If your board imposes a special assessment without proper notice or fails to provide adequate documentation, you may have grounds to challenge it legally.   

The HOA Assessment Approval Process

Not all special assessments require a vote, but many do. Here's how it works in California:
If the total special assessment exceeds 5% of the current year's budgeted gross expenses, a majority of the membership must approve it through a community vote.
For emergency assessments, a vote is not required if the board can show the situation involves threats to health and safety, court orders, or uninsured repairs due to natural disasters.
Still, even in urgent cases, the board must follow the correct emergency procedures. Boards cannot misuse emergency exceptions to bypass membership approval for non-urgent capital improvement projects or budget shortfalls.

Fighting Improper HOA Assessments

If you believe your HOA is levying an improper or excessive assessment, there are several ways to push back:

1. Request Financial Documents

Start by asking for copies of the HOA's financial statements, reserve study, meeting minutes, and contractor bids. As a member, you're entitled to this information under California Law.

2. Challenge the Assessment Formally

Submit a written request to the board demanding clarification and documentation. If you don’t receive a timely or adequate response, escalate the issue.

3. Call for a Community Vote

If the board is sidestepping the HOA assessment approval process or ignoring membership rights, organize with fellow members to demand a vote or hold a special meeting of the board.

4. File a Legal Challenge

Homeowners can pursue legal proceedings to stop an illegal assessment or recover improperly charged fees. This includes fighting foreclosure proceedings based on invalid assessments.
An experienced real estate attorney can help you evaluate your legal options, especially when dealing with noncompliant HOA boards or management companies.

When Emergency Assessments Go Too Far

Emergency assessments have become more common in the wake of recent natural disasters, aging infrastructure, and underfunded reserve accounts. However, boards sometimes misuse emergency powers to fund non-emergency items like aesthetic upgrades or overdue reserve contributions.
According to HOA emergency assessment rules, these assessments are only justified when:
There's an immediate threat to health or safety
Repairs are court-ordered
The expense is related to a catastrophic event, like flood damage or fire
Boards must also explore other financial resources first, including insurance coverage or using reserve funds, before turning to homeowners.

Protecting Yourself from Financial Hardship

If you’re facing a steep special assessment that you can’t afford, you may have options. Some HOAs offer payment plans or hardship waivers, depending on the community rules and governing documents. You can also request the board to delay or reduce the payment schedule in cases of genuine financial hardship.
Keep in mind: refusing to pay without communicating your intent or seeking legal advice could lead to late fees, collection actions, or even foreclosure proceedings in extreme cases. 

Work with an Attorney to Challenge HOA Special Assessments

Navigating special assessments is complex, especially when you're unsure whether the board is acting within the law. At LS Carlson Law, we specialize in fighting improper HOA assessments and protecting homeowners from being taken advantage of by their associations.
Our legal team can review your governing documents, assess whether the board followed the proper procedures, and take action on your behalf. Whether you need help understanding your rights or you're ready to start legal proceedings, we’re here to guide you every step of the way.

Protect Your Property and Finances — Take Action Today

If you believe your HOA has overstepped its authority or imposed an illegal special assessment, don’t wait. Contact LS Carlson Law today to speak with our experienced legal team. We’ll help you evaluate your case, understand your rights, and fight back with confidence.