Assessments

The order of operations: budget first, assessment second

An assessment is not a number the board picks. In states built on the Uniform Common Interest Ownership Act framework, it is defined as the owner's share of a budget the association has already adopted. The board approves spending, and the assessment falls out of that math, never the other way around.

"The sum attributable to each unit and due to the association pursuant to the budget adopted."

Source: Vermont Common Interest Ownership Act, §1-103, State of Vermont

That definition is also why "I don't use the pool" or "I'm not going to pay until the board explains itself" don't work as defenses. An owner is not exempt from an assessment by declining to use the common elements or by abandoning the unit, and in most states the assessment is both a personal debt and a lien against the property at the same time. Start with What are assessments? and Why assessments aren't optional.

Three layers, and which one wins

The obligation to pay comes from the recorded declaration (your CC&Rs): a covenant that runs with the land, so you're bound by it because you took title subject to it, not because you personally agreed to a budget. State statute then overlays mandatory rules on top, mainly lien mechanics, notice requirements, and interest or late fee ceilings. Bylaws and board resolutions operate inside whatever room the declaration and statute leave open. Which layer controls a specific question, and whether a given statutory protection can be waived by the declaration, differs by state. Check your own declaration and your own state statute before assuming an answer.

One common surprise lives in this layering: in several states, owners don't vote to approve a budget increase before it takes effect. The board adopts it, and it stands unless a majority of owners affirmatively vote it down at a meeting.

"Unless at that meeting a majority of all unit owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present."

Source: Vermont Common Interest Ownership Act, §3-103, State of Vermont

See Budget-driven increases and Raising assessments.

Where states genuinely disagree

Two boards in two states can follow the rules perfectly and still land on opposite outcomes, because the rules themselves are different. California caps how far a board can raise assessments without a vote; Texas sets no such percentage cap but requires certain votes to happen in an open, member-noticed meeting. Neither approach is the national default.

"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."

Source: California Civil Code §5605, California Legislative Information

Payment application order varies too: California and Texas require a payment to pay down the assessment itself first, while Florida requires interest to be paid first. A collection policy or software default written for one state can quietly violate another state's rule. See Assessment caps, Special-assessment approval, and Payment schedules.