Special assessments
My HOA passed an emergency assessment without a vote. Is that legal?
The short answer: sometimes. Many governing documents give the board emergency assessment power — no owner vote required — but only for genuine emergencies: sudden damage, safety hazards, or legal obligations that can't wait. A suspicious "emergency" is challengeable. Demand the board's justification in writing, check your CC&Rs for emergency powers and their limits, check your state's statutes, and demand a full accounting of where the money went.
What counts as a genuine emergency
- Sudden damage requiring immediate repair — a storm tears off the clubhouse roof, a main water line ruptures, fire damage to common areas.
- Imminent safety hazards — a failing retaining wall, an elevator condemned by inspectors, a structural issue flagged in an inspection report.
- Legal obligations with deadlines — a court order, or a statutory repair deadline the association must meet.
What does not count: deferred maintenance the board ignored for years and suddenly relabeled urgent, cosmetic upgrades, or projects that were on the wish list before the "emergency" appeared.
How to challenge a suspicious emergency assessment
- Get the board's justification in writing. What is the emergency, specifically? When did it arise? What makes it unable to wait for the normal assessment process? Vague answers are the tell.
- Read the emergency-power clause. Your CC&Rs or bylaws should define the board's emergency authority — what qualifies, and any caps or limits. Some documents cap emergency assessments at a dollar amount or require ratification by owners afterward.
- Check the timeline. If the "emergency" was known months ago and the board sat on it, the urgency argument weakens. Meeting minutes are your friend here — request them. The records playbook →
- Demand the accounting. Emergency or not, the money must be spent on the stated purpose. Get the bids, the invoices, and the final accounting. Emergency assessments spent on non-emergency work are the classic abuse pattern.
- Check state law. Some states define or limit emergency assessment powers in statute, regardless of what the documents say.
Emergency assessment powers vary by your governing documents and state law. Read your CC&Rs, check your state's statutes, or talk to a local HOA attorney before acting.