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What Are HOA Fees?

Learn what HOA fees are, what they cover, and how they're set.

Fees & moneyReviewed October 1, 20263 min read

A row of suburban houses on a sunny street
This is general information for homeowners in the United States. It is not legal advice and it does not create an attorney-client relationship. Your CC&Rs and your state's current statute control. Read both, and talk with a lawyer licensed in your state before you rely on any of this.

An HOA fee is the regular amount a homeowner pays the association to run the shared parts of the community. People also call it dues, a maintenance fee, or a regular assessment. The name on the coupon matters less than what the budget says the money is for.

If you own in the community, the duty to pay usually comes from the recorded declaration, the CC&Rs. It is not a gym membership you can cancel because you do not use the pool. The obligation is tied to the lot or unit.

What the fee usually covers

Open the annual budget and sort the lines into two piles.

Operating costs keep the place running this year. Common examples are landscaping of common areas, management, insurance on shared property, utilities for lights and gates, pool service, and legal or accounting bills.

Reserve contributions are savings for big repairs you can see coming: roofs on a condo building, private roads, a pool resurfacing, fencing. A community that skips reserves looks cheap until a special assessment arrives.

The fee usually does not pay your mortgage, your own interior, or the homeowners policy on your house. In a condominium, the association’s master policy and your own policy split the building in a way the declaration describes. Read that split before you assume the HOA fee “covers insurance.”

How the number gets set

Once a year the board adopts a budget. The regular assessment is the number that funds that budget, divided among the homes the way the declaration requires. Sometimes every lot pays the same amount. Sometimes the share follows square footage or a percentage interest. Your closing papers or resale packet should show your share.

State law and the declaration can limit how much the board may raise the fee without a member vote. California’s Davis-Stirling Act is a clear example: Civil Code section 5605 generally stops a board from raising regular assessments more than 20 percent, or passing a special assessment over 5 percent of budgeted gross expenses, without owner approval. Other states write a different test, or leave the cap entirely to the CC&Rs. Read the page for your state and the assessment section of your declaration. Do not assume California’s percentages apply on a Texas or Florida lot.

What to ask for before you pay, or before you buy

Ask for four documents, in writing if the portal will not show them:

  1. The current budget and last year’s year-end financials.
  2. The latest reserve study, or a statement that none exists.
  3. A statement of your account: amount due, rate, and any late balance.
  4. Notice of any planned special assessment or pending lawsuit.

On a purchase, that package has a local name. Florida owners hear “estoppel.” Texas owners hear “resale certificate.” California buyers get a set of disclosures under Civil Code section 4525. The buying guide walks through what to look for.

If you fall behind

Late fees, interest, and collection costs are usually authorized in the declaration and a collection policy. If the balance sits, the association can often record a lien and, in many states, foreclose for unpaid assessments. That is a different problem from a small fine. The lien guide separates the two.

A practical order of operations: get the ledger, compare it to your payments, pay what you agree you owe, and dispute the rest in writing with dates. If a letter mentions a lien, a trustee sale, or a lawsuit, that is lawyer territory, not a blog-post territory. See finding an HOA attorney.

Common questions

Are HOA fees the same as a special assessment?

No. The regular fee is the recurring charge in the budget. A special assessment is a separate bill for a cost the regular budget does not cover.

Can I withhold HOA fees if the landscaping is bad?

Usually no. Assessments are still owed while you dispute the service. Withholding can trigger late fees and a lien. Put the complaint in writing and keep paying the undisputed amount unless a lawyer tells you otherwise.

Do lenders count HOA fees?

Yes. A mortgage lender usually treats the regular assessment as part of your monthly housing cost.

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