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District of Columbia HOA Special Assessment Rules (2026)

D.C. Code § 42-1903.12 (Condominium Act of 1976) · 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 District of Columbia HOAs may levy special assessments and what rights homeowners have.

Key facts at a glance

Board Authority

Can levy without member vote

Board may levy special assessments for common expenses as authorized by the condominium instruments; no statewide cap.

Member Vote

Not required by statute

Trigger: Only if required by the community's condominium instruments or bylaws

Notice Required

14 days

Advance written notice to members before assessment levy

Emergency Exception

Available

Emergency assessments may be levied without standard notice when necessary to prevent harm to persons or property.

Key rules in District of Columbia
  • Board authority is set by the condominium instruments and bylaws
  • No cap on special assessment amounts under DC law
  • 14-day advance written notice to unit owners recommended
  • Emergency assessments may be levied without waiting for standard notice
  • Disputes may be escalated through governing document procedures
Homeowner rights & dispute options

Condominium unit owners may challenge assessments through the dispute resolution process in the condominium instruments. The D.C. Office of Human Rights handles certain housing disputes.

Lender & financing impact

Pending special assessments must be disclosed during resale. The DC market has high condo density — lenders carefully review assessment-to-value ratios.

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This 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.