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Berkeley, CA HOA Rules: Assessment & Dues (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Regular Increase Cap
20% per year without vote
Special Assessment Cap
5% of budget without vote
Late Fee
10% or 10 dollars, whichever greater
Interest
Up to 12% annually
Foreclosure Threshold
1,800 dollars or 12 months delinquent

Summary

Berkeley HOAs may levy regular and special assessments under Civil Code 5600-5625, with strict limits: 20% annual increases and 5% special assessments without a member vote.

(a) Except as provided in Section 5605, the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this act. (b) An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.

Full Breakdown

California Civil Code 5605 limits HOA boards to raising regular assessments by no more than 20% per year and imposing special assessments of no more than 5% of the budgeted gross expenses in a fiscal year without a majority member vote. Larger increases require member approval at a meeting with a quorum. Assessments must be tied to a board-approved budget distributed to members annually under Civil Code 5300. Delinquent assessments accrue interest at up to 12% per year, late fees of 10% or 10 dollars (whichever is greater), and collection costs. HOAs can record liens under Civil Code 5675 and foreclose only after assessments exceed 1,800 dollars or are 12 months delinquent under Civil Code 5720.

Frequently Asked Questions

Can my HOA raise dues 30% in one year?
Only with majority member approval at a meeting. Without a vote, the increase is capped at 20%.
What happens if I dont pay assessments?
The HOA can record a lien, charge late fees and interest, and eventually foreclose if arrears exceed 1,800 dollars or 12 months.

Sources & Official References

Other rules in Berkeley

All Berkeley rules

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