The assessment in my HOA was increased by a large amount. How can the Board of Directors do this without my permission?

It's important to consider that several factors are involved when the amount of the assessment is evaluated. It's common for Board members to closely review the financials before deciding to change the assessment amount and they may not be required to consult with the other members of the HOA before doing this. It's possible that your HOA has the authority to assess different types of assessments, for example; a special assessment, a regular annual assessment or a water assessment. Each assessment serves a specific purpose and your HOA documents should explain each in full detail.

Let's use the following scenario as an example so I can make my points. In this imaginary community you are assessed 1 time per year and according to the deed restrictions, the maximum amount the regular annual assessment can be increased is 20% per year and the maximum amount of a special assessment is 30% of the regular annual assessment amount. The regular annual assessment is the "normal" assessment that you pay annually. A special assessment is called for by the Board for a special one time expense such as replacing a old fence surrounding the community.

Therefore, if your regular annual assessment is $500.00, the most the Board could increase it by would be $100.00 and the most the Board could call for with a special assessment would be $150.00. I realize that you think the assessment increase is large but you should be well informed when it comes to the financial status of your HOA.

Many of our HOAs are experiencing changes in their assessment rates due to the fact that the overall operating costs of the HOAs have increased. The governing documents of some HOAs allow for the members to dispute assessment changes and you should review these documents to learn more about your rights in this regard.