Civil Code § 5605 (Davis-Stirling Act) · Last reviewed 2026
A special assessment is a one-time charge levied by an HOA board to cover an unexpected or deferred expense not covered by the operating budget or reserve fund. Below are the key rules that govern how California HOAs may levy special assessments and what rights homeowners have.
Can levy without member vote
Board may levy a special assessment up to 5% of the gross budget for the current fiscal year without member approval.
Majority approval of a quorum of members
Trigger: Any special assessment exceeding 5% of the current gross budget
30 days
Advance written notice to members before assessment levy
Available
Board may levy an emergency assessment without member vote for: imminent threat to life or property, court-ordered expense, or loss of essential services. The emergency assessment must be ratified at the next member meeting.
Homeowners may attend the board meeting at which the assessment is levied. Disputes can be raised via IDR (Internal Dispute Resolution) or ADR before litigation.
Pending special assessments must be disclosed in resale disclosures (Civil Code § 4525). Fannie Mae and FHA flag communities with active special assessments over 15% of the unit value.
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Start 14-Day Free TrialThis page provides general legal information only — not legal advice. HOA special assessment laws vary by community type (planned community, condominium, cooperative, etc.) and are subject to change. The information on this page is based on statutes in effect as of 2026 and may not reflect recent legislative changes. Always consult a licensed HOA attorney and review your governing documents before taking action.