Regular assessments

What makes an assessment "regular"

In states built on the Uniform Common Interest Ownership Act framework, an assessment is not a number the board invents in the moment. It is defined by statute as the owner's share of a budget the association has already adopted.

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

Source: Vermont Statutes Annotated, Title 27A, State of Vermont

A "regular" assessment is simply the version of that charge levied on the normal, ongoing cycle, as opposed to a one-off charge outside the budget. In many of these same states, regular assessments must be levied on at least a yearly cycle, with a freshly adopted budget behind each one. The exact frequency requirement, and whether your state follows this model at all, varies. Check your own state statute and your declaration.

Your budget may already be in effect, whether you voted or not

Boards and owners commonly assume an increase needs owner approval before it takes effect. In many states, the opposite is true: the board adopts the budget, and it stands unless owners affirmatively vote it down.

"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 Statutes Annotated, Title 27A, State of Vermont

Notice what that means in practice: the budget can be ratified even without a quorum in the room, because the vote required is a vote to reject, not a vote to approve. West Virginia's own Uniform Common Interest Ownership Act enactment uses nearly identical wording.

Not every state uses this negative-option model. Some require only that a rate increase be discussed in an open, member-noticed meeting rather than requiring any rejection vote at all. Confirm which mechanism your state and declaration use before telling owners what their vote can or cannot stop.

You cannot opt out, even if you never use what it funds

An owner who skips the pool, never sets foot in the clubhouse, or leaves the unit vacant still owes the regular assessment.

"A unit owner is not exempt from liability for payment of common expenses by a waiver of the use or enjoyment of any of the common elements or by abandonment of the unit."

Source: Vermont Statutes Annotated, Title 27A, State of Vermont

That is because the assessment is both a personal debt the owner carries and, in many states, a lien against the unit itself, so the association has two separate ways to pursue nonpayment. This lesson covers the recurring charge itself; how nonpayment escalates into a lien or a lawsuit is its own topic.