Santa Clara County, CA HOA Rules: Assessment & Dues (2026)
Key Facts
- Regular cap
- 20 percent per year
- Special cap
- 5 percent of budget
- Late interest
- 12 percent per year
- Foreclosure floor
- 1800 dollars or 12 months
- Pre-lien notice
- 30 days minimum
Summary
Santa Clara County HOA dues follow Civil Code 5600 to 5740. Regular dues cannot rise over 20 percent yearly, special assessments over 5 percent need a member vote, and delinquencies accrue 12 percent.
(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. (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.
Full Breakdown
Civil Code 5605 caps annual regular assessment increases at 20 percent above the prior year and caps aggregate special assessments in a single fiscal year at 5 percent of the gross budgeted expenses, unless a majority of a quorum of members approves a larger increase. Boards must adopt a budget each year under Civil Code 5300 and distribute it 30 to 90 days before the fiscal year begins, including reserve study summaries required by 5550. Delinquent assessments bear interest up to 12 percent per year under 5650 and can be charged a late fee equal to 10 dollars or 10 percent of the delinquent amount, whichever is greater.
Before recording a lien the association must send a pre-lien notice at least 30 days before recordation and offer Internal Dispute Resolution and a payment plan under 5665 and 5670. Nonjudicial foreclosure is restricted by Civil Code 5720 to debts of at least 1800 dollars excluding late fees and interest, or delinquent for at least 12 months. Santa Clara County Superior Court routinely reviews lien and foreclosure disputes and scrutinizes notice compliance. Reserve contributions are treated as assessments and subject to the same caps.
Frequently Asked Questions
Can my HOA raise dues 25 percent in one year?
Can the HOA foreclose over 800 dollars in dues?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California hoa rules overview
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