Minnesota HOA Special Assessment Rules (2026)
Minn. Stat. § 515B.3-115 (Minnesota Common Interest Ownership Act — MCIOA) · 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 Minnesota HOAs may levy special assessments and what rights homeowners have.
Key facts at a glance
Can levy without member vote
Board may levy special assessments as authorized by the declaration. MCIOA does not impose a statewide dollar cap — governing documents control.
Not required by statute
Trigger: Only if required by the community's declaration or bylaws
10 days
Advance written notice to members before assessment levy
Available
Board may levy emergency assessments for imminent threats to common property or safety.
- Board authority to levy is set by the declaration under MCIOA
- No statewide dollar cap — governing documents control
- 10-day advance notice to members is standard practice
- Emergency assessments may bypass standard notice
- Resale disclosure of pending assessments is required
Homeowners may challenge assessments at a board meeting or through the dispute resolution process in the governing documents. Minnesota courts have jurisdiction for unresolved disputes.
Pending special assessments must be disclosed in resale disclosures. Lenders review for large pending assessments during underwriting.
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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.