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Raising and approving an assessmentLesson 14 of 20

Academy/Assessments

Why assessments aren't optional

The legal reasons an HOA or condo assessment isn't a bill you can choose to skip.

An assessment isn't a fee you can decline. It comes from the declaration you took title subject to, and it's your legal share of a budget the association already adopted. Skipping the pool or disagreeing with the board doesn't excuse nonpayment: most states let the association pursue you personally and place a lien on your unit.

01

The obligation comes from the deed, not from a vote you cast

When you bought into your association, you took title subject to a declaration that was already recorded against the property. That's a covenant running with the land: you're bound by it because you own the unit, not because you personally signed off on it. The assessment itself is defined by statute as your calculated share of a budget the board has already adopted, not a number the board can invent on the spot.

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

Source: Vermont Statutes Annotated, Title 27A, §1-103, State of Vermont

02

"I don't use it" isn't a defense

Two objections come up constantly at board meetings: "I don't use the clubhouse" and "I never agreed to this." Neither one changes what you owe. Statutes in states built on the Uniform Common Interest Ownership Act say so directly, and the underlying logic (you're paying for shared upkeep of the property you own a piece of, not buying a la carte services) shows up across most state frameworks.

"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, §3-116, State of Vermont

03

Nonpayment becomes a lien, often automatically

Texas treats an unpaid assessment as two things at once: a debt the association can sue the owner for personally, and a lien against the unit itself.

"An assessment levied by the association against a unit or unit owner is a personal obligation of the unit owner and is secured by a continuing lien on the unit."

Source: Texas Property Code, §82.113, Texas Legislature

Exactly when that lien attaches, how it's perfected, and how long the association has to enforce it before it expires all vary by state. Missouri's enactment says the lien attaches from the first missed installment. Florida's takes its priority date from when the declaration was originally recorded, which can push it ahead of liens filed years later. Check your own state statute and your management company's collection policy before assuming any of these timelines apply to you.

04

The whole association depends on collecting

This isn't just about one delinquent owner. Every unpaid assessment is a gap someone else's dues have to cover, or a repair that doesn't get made. The trade body representing community associations puts the stakes plainly.

"The financial viability of any community association ultimately depends on its ability to collect assessments."

Source: Effective Collection of Assessments, Community Associations Institute

That's the whole chain: the declaration obligates every owner, the statute gives the association tools to collect, and consistent collection is what keeps the budget (and the roof, and the pool, and the insurance) funded for everyone who lives there.

Check yourself

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

An owner stops using the clubhouse and tells the board they shouldn't have to pay the portion of the assessment that funds it. Legally, where does that leave them?

A condo association lets special-assessment delinquencies pile up for years without collecting. A lender later reviews the project for a buyer's mortgage. What's the likely consequence?

A new board member insists no lien can attach to a delinquent unit until the association sues and wins a judgment in court. Is that right?

Sources

Assessments

If a specific assessment on your account doesn't add up, start with your owner ledger and your state's collection statute before assuming the board got it wrong.

Whether a lien attaches automatically, how long the association has to enforce it, and whether an owner can be pursued personally as well as through the lien all vary by state and by your declaration.