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When the budget doesn't holdLesson 24 of 27

Academy/Budgeting

Midyear budget changes

The budget you adopted in the fall is not the last word. Here is what a board can, and cannot, do about it before the year is over.

A board can revise an adopted budget at any time using the same motion authority it used to adopt it, normally by majority vote under its parliamentary authority. That vote does not remove the assessment increase caps your state and governing documents already set, and a routine shortfall from underbudgeting does not qualify as a legal emergency.

01

Revising the budget is a motion, not a mystery

Adopting a budget is a motion. Amending one midyear is the same motion, moved and voted on by the same board that adopted the original. Most governing documents designate a parliamentary authority, usually Robert's Rules of Order, to run that vote, and its default is a simple majority of the votes cast at a meeting with a quorum present, not a majority of the whole board and not a majority of the membership.

"The word 'majority' in this context means, simply, more than half."

Source: Frequently Asked Questions, The Robert's Rules Association

Check your own bylaws before assuming this default applies. Some documents raise the threshold for a budget amendment to a supermajority, or require the vote to happen at a specific type of meeting.

02

Where the extra money comes from is capped, even midyear

A vote to amend the budget does not by itself authorize an assessment increase. Most states cap how far a board can raise assessments without a separate membership vote, and that cap applies to a midyear increase exactly as it applies to the original budget.

California allows a board to raise the regular assessment up to 20 percent over the prior year's regular assessment, and to impose special assessments totaling up to 5 percent of the year's budgeted expenses, without a membership vote. Check your own state's common interest community statute and your governing documents for the number that actually applies to your association.

"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"

Source: California Civil Code Section 5605, State of California

03

A shortfall is not automatically an emergency

Some boards reach for an emergency assessment to cover a midyear gap. Where a state recognizes one, it is not a general fix for running over budget. It is reserved for narrow grounds: a court order, an expense needed to address a threat to personal safety, or an extraordinary cost nobody could reasonably have foreseen when the budget was adopted.

California requires the board to adopt a written resolution documenting which of those grounds applies and why the cost was not foreseeable, before it can levy the assessment. Other states set their own emergency assessment rules, or none at all, so confirm what your state and governing documents actually allow. A shortfall caused by ordinary underbudgeting does not meet California's bar, and treating every midyear gap as an emergency invites exactly the challenge those findings requirements exist to prevent.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

Landscaping costs ran $8,000 over budget by midyear, with no safety threat or court order involved. What is the board's normal path?

A California board wants to raise assessments mid-year by 25 percent to close a shortfall caused by underbudgeting. What is true?

Five directors, three attend the meeting, two vote yes and one no on a motion to amend the budget. Does the motion pass under the default majority rule?

Sources

Budgeting

Curious what actually counts as an emergency under your state's law? Emergency budget adjustments walks through it next.

Whether a board can amend an adopted budget without a membership vote, and how large an increase triggers one, depends on your state's assessment cap and your governing documents. What qualifies as an emergency assessment ground also varies by state.