Short answer: in most states the law sets no cap on special assessments. The limit, if there is one, is in your declaration and bylaws. California is the main exception: the board needs owner approval once special assessments for the year add up to more than 5 percent of budgeted gross expenses, except in narrow emergencies. Washington lets owners reject a special assessment the way they reject a budget. Florida does not cap them, but it requires 14 days' notice that names the purpose, and the money can only be spent on that purpose.
This guide is general information, checked against the statute text in November 2026. It is not legal advice. Your governing documents may be stricter than state law, and often are. For a specific decision, ask the association's attorney.
| State | Owner vote or cap in statute | Notice in statute | Where to look |
|---|---|---|---|
| California | Owner approval above 5% of budgeted gross expenses for the year, except emergencies | 30 to 60 days before due | Civil Code 5605, 5610, 5615 |
| Florida condos | None (documents decide) | 14 days before the board meeting, with cost and purpose | Fla. Stat. 718.112(2)(c), 718.116(10) |
| Florida HOAs | None (documents decide) | 14 days before the board meeting, with the nature of the assessment | Fla. Stat. 720.303(2)(c), 720.308 |
| Washington | Owners can reject it by majority vote | Ratification meeting 14 to 50 days after the proposal | RCW 64.90.525 |
| Colorado | Silent on special assessments; budget stands unless a majority of owners vetoes it | Budget summary within 90 days | C.R.S. 38-33.3-303(4) |
| Nevada | No general cap; board may assess for adequate reserves without a vote | 21 days before a meeting on a capital improvement assessment | NRS 116.3115, 116.31151 |
| North Carolina | Silent on special assessments; budget stands unless a majority of owners rejects it | Budget meeting 10 to 60 days after the summary | G.S. 47F-3-103, 47C-3-103 |
| Texas | None | Silent | Prop. Code 82.112, 209.0062 |
| Arizona | Silent on special assessments (the 20% limit is for regular assessments) | Silent | A.R.S. 33-1803, 33-1242 |
| Oregon | Silent | Silent | ORS 94.645, 100.530 |
The rules, state by state
California
- Owner vote: needed if special assessments for the fiscal year add up to more than 5 percent of the association's budgeted gross expenses (Civil Code section 5605(b)). Approval is by a majority of a quorum of members, and a quorum means more than 50 percent of members.
- Emergencies: section 5605 does not limit increases needed for emergencies (section 5610): an extraordinary expense ordered by a court, an extraordinary expense to fix a discovered threat to health or safety, or an extraordinary repair the board could not reasonably have foreseen when it made the budget. For the last one, the board must first pass a resolution with written findings and send it with the notice.
- Notice: individual notice 30 to 60 days before the increased assessment is due (section 5615).
Florida condominiums
- Owner vote: not required by statute. Owner approval applies where the declaration or bylaws call for it.
- Notice: written notice of a board meeting where a non-emergency special assessment will be considered, at least 14 days before the meeting. It must say assessments will be considered and give the estimated cost and purpose (section 718.112(2)(c)). An emergency item can be taken up by a vote of a majority plus one of the board, then noticed and ratified at the next regular meeting.
- Use of the money: the purpose must be in the written notice of the assessment, and the funds can be used only for that purpose. Any excess is common surplus (section 718.116(10)).
- Related: when the annual budget's assessments exceed 115 percent of last year's, 10 percent of the voting interests can call for a substitute budget. Reserves, non-recurring expenses and betterments are left out of that test (section 718.112(2)(e)). Buildings of three stories or more that need a structural integrity reserve study cannot vote to waive or cut those reserves for budgets adopted on or after December 31, 2024 (section 718.112(2)(f)).
Florida HOAs
- Owner vote: not required by statute. Each member's share follows the governing documents (section 720.308(1)(a)).
- Notice: written notice at least 14 days before a board meeting where special assessments will be considered. The notice must say assessments will be considered and the nature of the assessments (section 720.303(2)(c)).
Washington
- Owner veto: the board can propose a special assessment at any time, but it takes effect only if the board follows the budget ratification process and the owners do not reject it. Rejection takes owners with a majority of the votes, or a larger share if the declaration says so (RCW 64.90.525).
- Notice: the board sends the proposal to owners, and the ratification meeting is held 14 to 50 days later.
- Payments: the board may allow installments and a discount for paying early.
- Older communities: Washington's act (WUCIOA) applies to some communities created before it only in part. Check with your attorney which rules cover yours.
Colorado
- Special assessments: the statute is silent. The budget is approved unless a majority of all owners vetoes it at the meeting (C.R.S. 38-33.3-303(4)). Whether a special assessment must go through the same process depends on your documents.
- Notice: a summary of the budget goes to owners within 90 days after the board adopts it.
Nevada
- Owner vote: no general cap. The board can, without owner approval, impose assessments needed to fund adequate reserves under the reserve study (NRS 116.3115).
- Notice: at least 21 days before a meeting where an assessment for a capital improvement will be considered. The annual budget must say whether the board expects special assessments to be needed (NRS 116.31151).
North Carolina
- Special assessments: the statute is silent. Budgets are ratified unless a majority of all owners rejects them at a meeting held 10 to 60 days after the summary is sent (G.S. 47F-3-103 for planned communities, 47C-3-103 for condominiums). Whether a special assessment must be ratified the same way is not stated, so check your documents.
Texas
- Owner vote and cap: none in statute. Condominium assessments must be based on a budget adopted at least once a year (Property Code section 82.112).
- Payment plans: HOAs with more than 14 lots must adopt guidelines for alternative payment schedules, which cover delinquent special assessments (section 209.0062).
- Related: contracts over $50,000 have bidding rules under section 209.0052. See how many bids an HOA needs.
Arizona
- Special assessments: the statute is silent. The 20 percent limit in A.R.S. 33-1803 applies to regular assessments in planned communities: no more than 20 percent over last year without approval of a majority of members. It does not mention special assessments, and the condominium statute (33-1242) has no similar limit.
Oregon
- Special assessments: the statute is silent on votes and caps. The board adopts a budget at least once a year and sends owners a summary within 30 days (ORS 94.645). Condominium common expenses are shared by each unit's allocated interest (ORS 100.530).
When the law is silent, what decides
- Your declaration and bylaws. Many set a dollar or percentage limit, or require an owner vote above a threshold. Read them first.
- The board meeting rules. Even without a cap, the assessment is usually adopted at a noticed board meeting, and owners can attend.
- The numbers behind it. A special assessment is only as defensible as the bids behind it. Compare them like for like, with what each one leaves out priced back in, before the board settles on an amount. See when bids come in over the reserve study and how a board should compare contractor bids.
Questions to answer before the board votes
What does our declaration say about special assessments: any cap, any owner vote?
Does state law require owner approval at this size, such as California's 5 percent?
If we are calling it an emergency, does it fit our state's rule, and have we written down why?
How many days' notice do we owe, and what must the notice say?
Were the bids behind the amount compared for the same scope?
Sources (statute text read November 2026): California Civil Code 5600, 5605, 5610, 5615; Florida Statutes 718.112, 718.116(10), 720.303, 720.308; Revised Code of Washington 64.90.010, 64.90.525; Colorado Revised Statutes 38-33.3-303, 38-33.3-315; Nevada Revised Statutes 116.3115, 116.31151; North Carolina General Statutes 47F-3-103, 47F-3-115, 47C-3-103, 47C-3-115; Texas Property Code 82.102, 82.112, 209.0052, 209.0062; Arizona Revised Statutes 33-1803, 33-1242; Oregon Revised Statutes 94.645, 100.530.