When an HOA Can Raise Fees Without a Vote: 3 State Rules and the After-Closing Jump

Can an HOA raise fees without a vote? In the three states below, yes, within limits. The board sets the budget itself, and state law limits that power. California caps board-only increases at 20 percent a year. Colorado lets owners veto a budget. Florida requires notice before assessments are voted on.

This question matters more every year. A Realtor.com analysis from January 2026 found that 43.6 percent of home listings in 2025 carried an HOA fee. That was up from 34.3 percent in 2019. The median monthly fee reached $135 in 2025. It was $125 the year before and $108 in 2019.

So more home listings now come with a board that can change the monthly bill. Below are the actual rules in three states, why dues can jump right after you buy, and what you can do about it.

The Short Answer Depends on Your State

HOA rules come from two places. One is state law. The other is your own governing documents, such as the declaration and bylaws. Your documents can add their own rules on increases and votes.

Here is how three states answer whether an HOA can raise fees without a vote. Each row comes from the text of the state law itself.

California: The 20 Percent Line

California has one of the clearest limits. Under Civil Code section 5605, a board may not raise the regular assessment more than 20 percent over the prior fiscal year. Going past that needs approval from a majority of a quorum of members.

There is a second condition. A yearly increase of any size requires the board to follow the budget report rules in section 5300, or to get member approval.

The same section limits special assessments. In total, they may not exceed 5 percent of the budgeted gross expenses for the year without member approval.

There are exceptions. Section 5610 allows larger increases for emergencies. That covers a court order, a threat to health or safety, and repairs the board could not have foreseen when it made the budget. For that last one, the board must pass a written resolution explaining why.

California also sets a notice window. Under section 5615, each owner must get notice of any increase 30 to 60 days before it becomes due.

Colorado: The Budget Passes Unless Owners Veto It

Colorado works the other way around. Under C.R.S. 38-33.3-303, the board adopts a proposed budget. Within 90 days, it must send a summary to all owners and set a meeting date.

At that meeting, the budget is treated as approved unless a majority of all unit owners vote to reject it. That is a majority of every owner in the community, not just the people who show up. No quorum is needed. Your declaration can require a different process.

If owners do reject it, the last budget that was not vetoed stays in place. The board then has to propose a new one.

Honestly, a veto of the whole community is hard to reach in a large HOA. Still, the meeting is your chance to ask questions before the new dues start.

Homeowners see the same kind of surprise in their mortgage payment:

You Paid the Escrow Shortage in Full. Your Payment Still Went Up. Here Is Why.

Florida: No Percentage Cap, but Notice Rules

Florida HOAs fall under Chapter 720 of the Florida Statutes. We searched the full chapter and found no percentage cap on yearly increases. The protection comes from notice rules instead.

Under section 720.303, an assessment may not be levied at a board meeting unless the meeting notice says assessments will be considered. It must also state the nature of those assessments. For special assessments, written notice must go out at least 14 days before the meeting.

Florida also protects buyers in new communities. Under section 720.315, a developer-controlled board may not levy a special assessment before turnover. It needs approval from a majority of the owners other than the developer.

Why Your HOA Fee Jumped Right After Closing

Some buyers see a higher bill soon after they move in. The number on the closing papers was real. It just described one moment in time.

Florida law shows one common reason. Section 720.308 lets a developer guarantee a set level of assessments for a stated period. While the developer controls the HOA, it can also be excused from paying its own share if the declaration commits it to cover any shortfall. That guarantee has a specific ending date or event. When it ends, the guaranteed amount no longer applies, and dues can rise to each owner share of the full budget.

Florida also warns buyers in writing. The disclosure summary that Chapter 720 requires for buyers says assessments may be subject to periodic change.

Other reasons are simpler. A new fiscal year may start a month after you close. Insurance and repair costs may rise. A reserve study may show the HOA saved too little for roofs, roads or pools.

A Hypothetical Example With Real Numbers

This example is hypothetical. It shows how the California limits work on a small HOA.

In this example, the board can raise dues by $60 a month alone, as long as it followed the budget report rules. That is $720 more a year. A $90 increase would need a vote.

Want an easy way to watch these changes? Keep a free tracker with a row for every HOA due date and dues change next to your other home bills.

What to Do Before and After an Increase

Nobody likes opening that letter. Whether your HOA can raise fees without a vote or not, these steps help you check the increase.

1. Get your governing documents. Ask the HOA or management company for the declaration, bylaws and current budget.
2. Search the declaration for words like assessment, increase, cap and vote. In California, ask an attorney how a stricter limit in your documents fits with section 5605, since that section speaks to this directly.
3. Compare the new dues with last year. Work out the percentage change yourself.
4. Check the notice date. See if it arrived inside the window your state requires.
5. Ask for the reason in writing. Ask which reserve study, insurance renewal or repair bid explains the jump.
6. Go to the budget meeting. In Colorado, this is where owners can vote a budget down.
7. Talk to neighbors early. Any member vote or veto needs numbers.
8. If you are buying, ask the seller or HOA when the developer guarantee or fiscal year ends.

Some monthly bills also reset on a schedule you never chose:

Why Your Budget Billing Went Up: How 6 Big Utilities Recalculate It

What These Laws Do Not Do

None of these rules stop an HOA from raising fees. They only control how and how much. A board that follows the steps can still raise dues every year.

They also differ by state. This article covers California, Colorado and Florida only. Other states have their own HOA laws, and your declaration may add more rules.

Finally, rules for condos can be different from rules for single-family HOAs.

New homeowners also face other move-in charges that are easy to miss:

How Much Is a Utility Deposit? The Two-Month Rule, 7 Places Compared, and How to Skip It

The Bottom Line

So, can an HOA raise fees without a vote? In these three states, yes, within limits. California stops board-only increases at 20 percent. Colorado lets a majority of all owners veto the budget. Florida relies on notice rules and protects owners before turnover. Your own documents may add rules, so read them first.

Has your HOA raised fees soon after you moved in, and did you get notice before it happened?

Disclaimer: MoneyWisePro is not a homeowners association, property manager or financial advisor. This article is for general information only and is not financial or legal advice. Contact a licensed attorney in your state for guidance on your specific situation.