Practice Area

Special Assessment — When the HOA Can Levy One and How to Challenge It

Texas Property Code Ch. 209

Situation — How This Comes Up

My HOA just levied a $5,000 special assessment that was never voted on by the homeowners.

What You Need to Know First

Special assessments in Texas HOAs must be authorized by the governing documents. An assessment that exceeds the board’s unilateral authority — or that was adopted without the required member vote — can be challenged and enjoined.

Full Analysis

The authority to levy special assessments depends entirely on the HOA’s declaration and bylaws. Many governing documents require a membership vote for special assessments above a certain threshold. A special assessment adopted in violation of those procedures is voidable.

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The information on this page is for general informational purposes only. Nothing here constitutes legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney–client relationship. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480