Can My California HOA Charge an Emergency Special Assessment Without a Vote?

Bad HOAs all over California are using the emergency exception to push through massive special assessments without an otherwise required homeowner vote, and sometimes even after homeowners voted one down. In this episode, California’s most respected homeowner-side HOA attorney, Michael Kushner, explains how the emergency exception works (including what it is an exception to) and how homeowners can tell whether their HOA’s emergency excuse qualifies.  What You’ll Learn in This Episode:  ✅ How Civil Code § 5605 limits what HOA boards can assess without a homeowner vote. ✅ The 3 narrow situations where Civil Code § 5610 lets HOAs skip the membership vote and impose a large assessment. ✅ Whether HOAs can use the emergency exception to pay for a sudden spike in insurance premiums. ✅ How decades of deferred maintenance often precede an HOA board’s reliance on the emergency exception.  ✅ What Civil Code § 5615 requires before HOAs can collect, and what homeowners must do before challenging the legality an assessment.  If your HOA has justified a new assessment as an “emergency” assessment, this episode shows you how to test that claim.  HELPFUL LINKS:  “Is My California HOA’s Emergency Special Assessment Legal?” https://mbkchapman.com/california-hoa-emergency-special-assessment-fact-sheet/  “What Happens If I Can’t Afford My California HOA’s Special Assessment?” https://mbkchapman.com/cant-afford-hoa-special-assessment-fact-sheet/  “Can My California HOA Charge a Special Assessment for Rising Insurance Costs?” https://mbkchapman.com/california-hoa-special-assessment-insurance-fact-sheet/  “The Impact of Rising Insurance Costs on California HOAs”https://mbkchapman.com/rising-hoa-insurance-costs-california/  “California HOA Special Assessments: Why Your Dues Keep Rising and a Huge Bill May Be Coming” https://www.youtube.com/watch?v=x647Oz9zPkE  “$49,000 HOA Special Assessment: Why They’re Exploding in California (ABC7)” https://www.youtube.com/watch?v=G4hX_PHQVQs&t=40s  “California HOA Hits Retired People with $26,000 Special Assessment | Michael Kushner on ABC 7” https://www.youtube.com/watch?v=w7RN789iKCY&t=26s  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  ABOUT:   Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win.   💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell]  #SpecialAssessment #EmergencyAssessment #HOAHealthandSafety #BalconyLaw #BalconyInspections #HazardousConditions #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct  🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs. 👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.  📲 Follow us on: Instagram: @mbkchapmanpc YouTube: HOA Hell LinkedIn:  https://www.linkedin.com/company/mbk-chapman Facebook:  https://www.facebook.com/MBKChapman X:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/