How are special assessments from a homeowners association passed onto unit owners?
A special assessment from a Homeowners Association (HOA) is typically passed on to unit owners through a process defined in the community’s governing documents. While the exact rules vary by state and association, the general process works like this:
- The Need for Extra Funds Is Identified
An Homeowners Association may issue a special assessment when the regular budget or reserve fund cannot cover a large expense, such as:
- Major building repairs (roof, siding, elevators)
- Infrastructure replacement (parking lot, plumbing)
- Insurance shortfalls
- Emergency damage (storms, fires, structural issues)
- Approval by the Board (or Owners)
Depending on the association’s declaration, bylaws, and state law, the assessment must be approved by:
- HOA Board of Directors only (common for smaller assessments)
- A vote of the unit owners (often required if the amount exceeds a certain percentage of the annual budget)
Some governing documents specify thresholds such as:
- Board can approve up to 5–15% of the annual budget
- Anything higher requires majority or supermajority owner approval
- Allocation to Each Unit
Once approved, the total assessment is divided among unit owners according to the formula in the HOA declaration. The most common methods are:
- Percentage Ownership (Most Common)
- Each unit has an ownership percentage in the association.
- Owners pay their share based on that percentage.
Example:
- Total assessment: $100,000
- Unit ownership share: 1.5%
- Owner pays: $1,500
- Equal Per Unit
- Each unit pays the same amount.
Example:
- $100,000 assessment / 50 units = $2,000 per unit
- Size-Based or Benefit-Based
- Larger units pay more.
- Units benefiting from the repair may pay a larger share.
- Billing the Owners
The HOA typically sends a special assessment notice and invoice that includes:
- Total amount owed
- Due date or installment schedule
- Purpose of the assessment
- Payment instructions
Payment structures often include:
- Lump sum due within 30–60 days
- Installments (monthly or quarterly)
- Temporary increase in HOA dues
- Enforcement if Not Paid
If a unit owner does not pay:
- Late fees may apply
- The HOA can place a lien on the property
- In some states, the HOA may pursue collection or foreclosure
Example Scenario
A condominium building needs a $500,000 roof replacement but only has $200,000 in reserves.
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