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20% Limitation on Dues
Notwithstanding more restrictive limitations placed on the board by the governing documents, the board of directors may increase regular assessments (dues) by up to 20% of the association's preceding fiscal year without membership approval. Civil Code §1366(b). The 20% increase is calculated on all budget expenses for the prior year--that includes reserve contributions.

Membership Approval.
Regular assessments over 20% require the approval of a majority of a quorum of owners. Civil Code §1366(b). The statute defines "quorum" to mean more than 50% of the owners of an association. The governing documents of an association cannot increase or decrease the approval requirements for membership approval. Any such changes are voided by  Civil Code §1366(b). Voting is done by secret ballot.

Adams Kessler PLC
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