Guide · 6 min read

HOA Special Assessment Rules

A special assessment is the charge nobody budgeted for. Whether the board can levy it alone, how big it can be, and how it is split are set by the declaration and the state, in that order.

In Havn

Havn posts a special assessment to every home in the declaration's proportions in one step, with its own ledger line, the notice sent by email, text, and letter, and installments on autopay for the owners who choose them.

HOA accounting

What a special assessment is

A one-time charge, beyond the regular assessment, to pay for something the operating budget and the reserves cannot: a roof that failed early, a lawsuit, an insurance deductible after a storm, a shortfall from delinquencies. It is levied on every home in the same proportion as the regular assessment unless the declaration says otherwise.

Who approves it

The declaration decides. Many documents let the board levy a special assessment up to a limit on its own, often a percentage of the annual budget, and require a member vote above it. Some require a member vote for any special assessment; some give the board full authority. The state act may add a cap or a vote requirement on top, and a few states exempt emergencies from both.

Read the section of the declaration titled special assessments or additional assessments before the first board discussion, and read the state act's section on assessments beside it. The HOA laws page for your state links the text.

How it is split

By the same allocation as the regular assessment: equal shares in most planned communities, allocated interests in most condominiums. A special assessment that benefits only some homes, a private road or a shared wall, may be levied on those homes alone only if the declaration allows it.

Notice and payment

The notice should say what the money is for, the total, each home's share, when it is due, whether it can be paid in installments, and what happens if it is not paid. Most states require written notice a set number of days before the first installment. Give owners a choice of a lump sum or installments; the collection rate is higher.

Record the levy in the minutes with the vote, post the notice to the owner portal, and add the charge to each owner's ledger as its own line so statements and resale certificates show it separately from regular dues.

Before you levy one

A special assessment is usually a symptom: reserves that were underfunded for years, or a budget that was kept flat to avoid an increase. Fund the reserve study's recommendation and raise the regular assessment with inflation, and special assessments become rare. If the need is a large capital project, compare an assessment with a bank loan repaid through the regular assessment over several years; many lenders offer them to associations.

Questions Boards Ask

Can an HOA charge a special assessment without a vote?

If the declaration gives the board that authority, and within any cap the declaration or the state sets. Otherwise the members must approve it at a meeting with the notice the bylaws require.

Does a special assessment show up in a resale certificate?

Yes. Every state's resale disclosure includes assessments levied and unpaid on the unit and, in most states, assessments approved but not yet levied. A buyer learns about it before closing.

Can an owner refuse to pay a special assessment?

No. A validly levied special assessment is collectible like regular dues, with the same late fees, lien, and collection steps. An owner who believes the levy was improper challenges it under the documents, not by withholding.

Is a special assessment tax deductible?

For a primary residence, generally no. For a rental, it may be deductible or capitalized depending on what it paid for. Ask a tax preparer.

Keep Reading

More Guides

Templates

  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Election Ballot TemplateA free HOA ballot template for director elections and owner votes: candidates with write-ins, yes or no measures, instructions, and the two-envelope method for a secret ballot.

Terms to Know

  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.
  • AssessmentThe owner's share of the association's budget, charged on a schedule.
  • Allocated interestA condominium unit's share of the common expenses, the common elements, and the votes, stated in the declaration as a percentage or fraction.
  • Reserve fundMoney set aside, apart from operating cash, to repair and replace the community's major components as they wear out: roofs, paving, elevators, paint.

Laws and Documents

Run the community this guide describes, on Havn.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.