The General Rule
A special assessment is a one-time or limited-duration charge beyond regular HOA dues, typically levied to cover unexpected repairs, reserve shortfalls, or capital improvements not covered by the operating budget. Unlike dues increases, most CC&Rs allow the board to approve special assessments up to a certain dollar threshold without a homeowner vote — assessments above that threshold usually require membership approval. Once properly approved and noticed according to your governing documents, special assessments are binding on all owners regardless of individual objection. Non-payment is treated the same as delinquent dues: late fees, interest, and ultimately a lien or foreclosure action in serious cases. The only way to successfully challenge one is to show the board failed to follow the approval or notice procedures in your CC&Rs.
Colorado-Specific Rules
Colorado §38-33.3-315 sets notice requirements for special assessments and gives owners the right to request the underlying financial justification.
Why Your CC&Rs May Be Different
State law sets the minimum floor — but your community's CC&Rs, bylaws, and board-adopted rules may be stricter, may include exceptions, or may have been amended recently. The only way to know exactly what applies to your community is to read your specific governing documents.
Most CC&Rs are 40–120 pages of dense legal language. Finding the exact section that answers your question can take 20–30 minutes — if you can find it at all.
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