For special assessments over 5% (other than emergency special assessments
), boards must seek membership approval. (Civ. Code §5605(b)
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. (Civ. Code §5605(c)
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
If the assessment is approved, proper notice
must be given before it can be implemented.
: Associations needing legal assistance can contact us
To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter