Does Your HOA Have Legal Authority to Levy This Special Assessment?
A special assessment levied without proper authority is voidable — any owner can challenge it, block collection, and potentially force the board to return collected funds. Before the board votes to levy, confirm that the governing documents authorize this type of assessment, identify who must approve it, and verify the purpose is within scope.
What this guide covers
How to confirm governing document authorization for a special assessment
Board-only vs. member vote thresholds — how to determine which applies
Purpose matching — when the project scope affects authority
Authority Gate — interactive tool returning a recommended action
Common authority mistakes boards make before levying
Pre-levy authority checklist
Governing document authorization
The legal authority to levy a special assessment comes from one of three sources: (1) an express provision in the CC&Rs or declaration authorizing special assessments; (2) a general authority clause that grants the board power to levy assessments for common expenses; or (3) state statute, which may authorize assessments independently of the governing documents for certain purposes. In most HOAs, the CC&Rs or declaration contain the primary grant of authority, and state statute sets upper limits on board-only authority.
Look for provisions labeled "Special Assessments," "Extraordinary Assessments," or "Emergency Assessments" — these are distinct from the general assessment authority. Note any purpose restrictions (e.g., "only for major repair or replacement of common elements"), any dollar caps or budget-percentage thresholds, and any member vote requirements associated with those thresholds.
Authority Gate
Answer the three questions in sequence. The gate returns a recommended action based on your governing document setup.
DM-HOA-029Authority Gate
GATE 1 OF 2
Do your governing documents (CC&Rs or declaration) expressly authorize the board to levy special assessments?
GATE 2 OF 2
What approval is required under your governing documents for a special assessment?
Common authority mistakes
Pre-levy authority checklist
☐CC&Rs and bylaws reviewed specifically for special assessment provisions — not just general board authority
☐Express authorization for this type of assessment purpose confirmed in governing documents
☐Approval threshold confirmed — board-only, simple majority of members, or super-majority of members
☐State statute cap verified alongside governing document threshold — more restrictive controls
☐Assessment amount calculated and confirmed to be within board-only authority (if relying on board vote alone)
☐Purpose of assessment documented — specific project, common element, or expense item described
☐Connection between project purpose and governing document authorization noted in board minutes
☐Board meeting noticed properly for the vote authorizing the assessment — date, time, location, agenda
☐Required board vote majority confirmed from bylaws — commonly simple majority of full board
☐If member vote required: membership meeting or mailed ballot notice timeline confirmed
☐HOA attorney consulted if any ambiguity exists in governing documents or state law application
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LAST REVIEWED: AUGUST 2026
HOA special assessment authority varies by state and governing document. Florida § 720.303(6), California Civil Code § 5605, Colorado C.R.S. § 38-33.3-316, and similar statutes set default thresholds — but your CC&Rs may impose stricter requirements. Always verify against current governing documents before levying.
