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Emergency Special Assessments
Emergency assessments in excess of 5% may be imposed by a board of directors without membership approval under the following circumstances:
  1. An extraordinary expense required by a court order.

  2. An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible where a threat to personal safety on the property is discovered.

  3. An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible that could not have been reasonably foreseen by the board in preparing and distributing the operating budget. However, prior to the imposing the assessment, the board must pass a resolution containing written findings as to the necessity of the extraordinary expense and why the expense was not foreseen in the budgeting process. The resolution must be distributed to the members with the notice of assessment. Civil Code §1366(b).

Adams Kessler PLC
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