What State Laws Limit Your Special Assessment?
Six states with large HOA populations — Florida, California, Texas, Colorado, Nevada, and Arizona — each take a different statutory approach to limiting board authority over special assessments. In some, board authority is capped by a percentage of the budget. In others, it is almost entirely governed by the CC&Rs. This guide maps the applicable threshold for each state so the board can determine before the levy vote whether a member vote is required.
- State-by-state thresholds: Florida, California, Texas, Colorado, Nevada, Arizona
- Board-only authority vs. member vote requirements by state
- State Limits Lookup — interactive tool returning state-specific guidance
- State summary reference table
State Limits Lookup
Select your state and the relative size of the assessment to get state-specific authority guidance.
State summary reference
The table below summarizes the board-only authority threshold and the required approval when that threshold is exceeded. In all states, the governing documents may impose a stricter threshold — always check the CC&Rs alongside the statute.
| State | Statute | Board-only threshold | If exceeded: approval required |
|---|---|---|---|
| Florida | § 720.303(6) | 115% of prior year budget | Majority of all voting interests |
| California | Civ. Code § 5605(b) | 5% of gross budgeted expenses | Majority of quorum — meeting or mailed ballot |
| Texas | § 209.00505 | Governed by CC&Rs | Per CC&Rs — no statutory cap |
| Colorado | C.R.S. § 38-33.3-316 | 20% of prior year assessments | Majority of all unit owners entitled to vote |
| Nevada | NRS § 116.3102 | Governed by declaration | Per CC&Rs — no specific statutory cap |
| Arizona (planned) | A.R.S. § 33-1803 | Governed by CC&Rs | Per CC&Rs — no statutory cap |
| Arizona (condo) | A.R.S. § 33-1243 | 25% of annual budget | Unit owner approval required above 25% |