For special assessments over 5% (other than emergency special assessments), boards must seek membership approval. Civil Code §1366(b).

Super-Majority Requirements Invalid. Governing documents that require a super-majority for assessment approval are invalid, such as: approval by a majority of the membership or approval by a majority of a quorum where the quorum is 2/3 of the membership.

Quorum Set by Statute. For purposes of a special assessment, the approval requirement is set by statute rather than the governing documents. Regardless of anything to the contrary in an association's governing documents, special assessments are approved by a majority of the members casting votes once a quorum has been established. The Davis-Stirling Act defines a quorum to mean more than 50% of the owners of an association. Civil Code §1366(b).

Secret Ballot. A membership voting on a special assessment is by secret ballot using Election Rules adopted by the association. Membership approval is at a special meeting called for that purpose or entirely through a mail-in ballot.

Notice Requirement. If the assessment is approved, proper notice must be given before it can be implemented.