California HOA Special Assessment Rules: 5% Vote and Notice

The 5% limit. Without member approval, special assessments in the aggregate can't exceed 5% of the fiscal year's budgeted gross expenses (§5605(b)). Approval means a majority of a quorum of members at a meeting or election, a quorum being more than 50% of the members.

Emergencies. §5610 lets the board go over the limit without a vote for a court-ordered expense, a discovered threat to personal safety, or an unforeseeable repair it finds necessary in a written resolution — with the findings distributed to members with the notice of assessment.

Notice. Owners must get individual notice not less than 30 nor more than 60 days before the assessment is due (§5615).

Last reviewed 2026-11-04. General information, not legal advice. Check your declaration, bylaws and state law.