Boards are required to levy assessments sufficient to perform their duties. This legal duty falls on board members, not the membership.

Notwithstanding, more restrictive limitations placed on the board by the governing documents, the board of directors may increase regular assessments by up to 20% of the association’s preceding fiscal year without membership approval. The 20% increase is based on the association’s regular assessments for the prior year.

While boards are allowed to raise dues by up to 20%, the authority is conditioned on timely distribution of a budget report. Failure to meet this requirement nullifies any increase levied by the board. If that happens, any increase for that fiscal year must be approved by the membership. (California Civil Code Section 5605 (b)). The governing documents of an association cannot increase or decrease the approval requirements for membership approval. Any such changes are voided by California Civil Code Section 5605 (b).

The budget must be provided to the owners not less than 30 nor more than 60 days prior to any increase in regular assessments. If your HOA reports on a calendar year, we strongly suggest that owners receive their budgets the first week in November to give owners adequate notice to prepare for any increase.

Budget Required

Budgets for Homeowner Associations

Timeline for HOA Budget

Payment of Assessments - Methods

Special Assessment Limitations

Emergency Assessments