Davis-Stirling limits annual HOA regular assessment increases to 20% without a member vote, and special assessments to 5% of the prior year's budget without a vote (Civ Code ยง5605). Late assessments carry statutory interest and collection procedures under Civ Code ยง5650 et seq.
Civil Code ยง5605 caps regular assessment increases at 20% over the prior year and special assessments at 5% of the prior fiscal year's gross expenses without a membership vote (requires majority of a quorum). The board must distribute an annual budget and reserve study (Civ Code ยง5300) at least 30-90 days before fiscal year end. Delinquent assessments: late fee of up to $10 or 10% of the delinquent amount (whichever greater) per Civ Code ยง5650, plus 12% annual interest. Collection must follow Civ Code ยง5660 pre-lien notice and ยง5673 IDR (Internal Dispute Resolution) process. Recording a lien requires board resolution (Civ Code ยง5673). Foreclosure requires assessments to be at least $1,800 or 12 months delinquent (Civ Code ยง5720). Folsom HOAs must provide annual policy statement and assessment schedule.
Unauthorized assessment increase over 20%: void; members can challenge in court. Improper lien/foreclosure: rescission and attorney's fees.
See how other cities in Sacramento County handle assessment & dues.
See how Folsom's assessment & dues rules stack up against other locations.
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