San Bernardino County, CA HOA Rules: Assessment & Dues (2026)
Key Facts
- Regular Assessment Increases
- Regular assessment increases capped at 20% without member vote
- Special Assessments Limited
- Special assessments limited to 5% of budget without vote
- Annual Budget Required
- Annual budget required 30-90 days before fiscal year
- Foreclosure Requires 1800
- Foreclosure requires $1,800 delinquent or one year past due
- Prelien Notices And
- Pre-lien notices and dispute resolution required
Summary
California Civil Code 5600-5740 governs HOA assessments in San Bernardino County, requiring annual budget disclosure, limits on increases without member vote, and specific collection procedures.
5600.
(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. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.) 5605.
(a) Annual increases in regular assessments for any fiscal year shall not be imposed unless the board has complied with paragraphs (1), (2), (4), (5), (6), (7), and (8) of subdivision (b) of Section 5300 with respect to that fiscal year, or has obtained the approval of a majority of a quorum of members, pursuant to Section 4070, at a member meeting or election.
(b) Notwithstanding more restrictive limitations placed on the board by the governing documents, the board may not impose a regular assessment that is more than 20 percent greater than the regular assessment for the association’s preceding fiscal year or impose special assessments which in the aggregate exceed 5 percent of the budgeted gross expenses of the association for that fiscal year without the approval of a majority of a quorum of members, pursuant to Section 4070, at a member meeting or election.
(c) (1) (A) For an association that records its original declaration on or after January 1, 2025, notwithstanding more restrictive limitations placed on the board by the governing documents, except as provided in paragraph (3), the board shall not impose a regular assessment against an owner of a deed-restricted affordable housing unit that is more than 5 percent plus the percentage change in the cost of living, not to exceed 10 percent greater than the preceding regular assessment.
(B) For purposes of this paragraph, “percentage change in the cost of living” means the percentage change from April 1 of the prior year to April 1 of the current year in the regional Consumer Price Index for the region where the residential real property is located, as published by the United States Bureau of Labor Statistics. If a regional index is not available, the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations, shall apply.
(2) For an association that records its original declaration on or after January 1, 2025, notwithstanding any other law, except as provided in paragraph (3), the board may impose an assessment against an owner of a deed-restricted affordable housing unit that is lower than the assessment imposed against other owners according to the proportional ownership of total subdivision interests subject to assessments.
(3) This subdivision does not apply to any of the following:
(A) A development where the percentage of the units, exclusive of a manager’s unit or units, that are deed-restricted affordable housing units exceeds the percentage required by an appl
Full Breakdown
Homeowner association assessments in San Bernardino County are regulated by California Civil Code sections 5600 through 5740 as part of the Davis-Stirling Act. HOAs must levy regular assessments sufficient to meet budget obligations and maintain reserves as required by Civil Code 5565 through 5570 including a reserve study every 3 years and annual reserve disclosure. Civil Code 5605 limits regular assessment increases to 20 percent per year and special assessments to 5 percent of current budget without membership approval by majority vote. Annual budget packets must be distributed 30 to 90 days before fiscal year start including operating budget, reserve funding plan, policy statements, and assessment collection policies.
Delinquent assessments accrue interest up to 12 percent per annum after 30 days past due (Civil Code 5650). Collection must follow strict notice procedures under Civil Code 5660 through 5675 including pre-lien letters, opportunity to dispute, and offers of internal dispute resolution before recording a lien. Foreclosure requires at least $1,800 in delinquent assessments or one year past due under Civil Code 5720. Members may pay under protest and reserve rights to dispute.
Frequently Asked Questions
Can my HOA raise dues more than 20% in one year?
What happens if I cannot pay my HOA dues?
Sources & Official References
Other rules in San Bernardino County
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