Civil Code Assessments & Liens

§5600

Levying Assessments

Chapter 8 · Assessments and Assessment Collection · Establishment and Imposition of Assessments

Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01

The code says CIV §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.)

In plain English

Editorial summary — not the statute’s text.

The association must levy assessments sufficient to meet its obligations — and may not collect more than the cost being defrayed. Under-assessing to keep dues popular is as much a violation as padding fees.

What this means for you

Editorial summary — not the statute’s text.

  • Assessments track obligations: if the budget can’t fund your duties, the board must raise them.
  • Every fee needs a cost basis — “revenue” is not a permissible purpose.
  • Watts v. Oak Shores applied this cost-basis test to short-term rental fees.

How courts have read this

Editorial summaries — not the court’s words.

Decided under the former numbering

Cites (1)

§5605

Cited by (2)

§4730 §5105

Official text · leginfo ↗