If you own a condo or townhome in California, or you're thinking about buying one, this story is worth reading all the way through. A Torrance condo complex that recently made headlines on ABC7 Eyewitness News looks like a one-off, but it actually illustrates a structural problem shared by aging condo communities across the state. This article goes beyond the headline: why large special assessments are becoming more common, how California law protects (and doesn't protect) owners, and what buyers, sellers, and current owners should each look at before the next bill arrives.
The short version
- At a 499-unit Torrance complex, roughly $19 million in overlapping projects led to a special assessment of about $49,000 per unit. Owners have sued and are pursuing a recall of the board.
- In Modesto, a $25,000-per-unit proposal was voted down and the board was then recalled. These fights are no longer regional curiosities.
- Rising insurance costs, California's balcony inspection law (SB 326), and years of underfunded reserves are colliding at the same time.
- Before buying, check the percent-funded figure, the reserve study, the last 12 months of board minutes, and the age of the major building systems.
What Happened in Torrance
Owners at a 499-unit condominium complex in Torrance were told to expect a special assessment of roughly $49,000 per unit. Owner Stephen Wang told ABC7 he was "shocked, as most of the residents here are."
Wang described how the number got so large: "The HOA decided to redo the whole podium, the entire podium, and that became a $13 million project, and plus the re-piping and the elevators, so it came up to $19 million." A podium is the structure over a parking garage that carries the buildings and courtyards above it, so failures there can mean enormous repair scopes.
Three major capital projects overlapped:
- A full rebuild of the podium — roughly $13 million by itself
- Re-piping of the entire property
- Elevator repairs
One detail deserves a closer look. Dividing $19 million evenly across 499 units gives about $38,000 per unit, not $49,000. The reporting doesn't explain the gap, but there are plausible reasons. Special assessments are usually allocated according to each unit's share under the CC&Rs rather than split equally, so larger units pay more and $49,000 may reflect a particular unit type or an average. The total could also include financing costs, contingency, legal and management expenses, or money to replenish depleted reserves. Whatever the explanation, the practical lesson is the same: when you receive an assessment notice, don't stop at the headline number. Ask in writing how the total was calculated and how it was allocated to your unit.
It also matters that this is a lump-sum special assessment, not an increase in monthly dues. A special assessment often comes due within weeks or months, which hits cash flow directly, especially for retirees and owners on fixed incomes.
Owners Are Suing and Pursuing a Recall
What makes this case stand out is that residents didn't just complain. According to reporting, some owners have filed a lawsuit against the HOA board and are also pursuing a recall of board members. The specific claims and any outcome haven't been made public, so it's too early to say whether the board broke the law or acted within its authority. What is clear is that frustration over the assessment escalated to litigation and an attempt to replace the board.
That kind of pushback has become easier. Legal commentators note that California laws such as AB 2159 and AB 2460 expand electronic voting and lower the reconvened-meeting quorum to roughly 20% of members, which makes member votes and recalls more achievable. Owners unhappy about assessments, insurance costs, or fines are increasingly using those tools.
Modesto: When Voting Down the Bill Doesn't End the Problem
Torrance is not an isolated case. According to CBS Sacramento, the 100-unit Walnut Orchards condominium community in Modesto proposed a $4 million assessment, about $25,000 per owner, to replace decks and staircases. Residents rejected the plan in May. The situation then got worse, not better. Several decks and balconies had been red-tagged by the city and repairs weren't complete, and owners faced the possibility of daily fines until the work was done. The board announced monthly dues would rise to nearly $660 in January 2026 and warned of 20% annual increases that could eventually reach $4,000 a month.
Residents then voted on a recall. Ninety of the 100 ballots cast supported removing the board, new directors were installed immediately, and the next election is scheduled for November. Three lessons stand out. First, voting down an assessment doesn't make a structural safety problem disappear; the cost comes back as higher dues or fines. Second, safety-related issues bring in city enforcement, which narrows owners' options quickly. Third, one former owner described how trying to sell under the threat of an assessment became a hardship, which shows how unresolved problems feed directly into resale value.
The Bigger Picture in Numbers
A San Clemente complex recently drew attention for a roughly $25,000 to $26,000 per-unit emergency roof assessment, and viewers sent ABC7 reports of similar situations afterward. The broader data points the same way:
- Regular HOA assessments are reported to have risen 50.5% since 2020.
- About 10% of HOAs levied a special assessment in 2025, up from 7.8% in 2021.
- HOA law firms say assessments in the $40,000 to $60,000 per unit range are no longer extreme outliers in California.
- The U.S. had roughly 373,000 community associations at the end of 2025, with about 78.1 million residents (35.2% of housing) living in them, so this issue touches a large share of the housing market.
Why Is This Happening Now? Four Drivers
HOA attorney Michael Kushner of MBK Chapman describes the underlying dynamic this way: "It is a very lopsided relationship, just by virtue of the fact that the HOA has got everybody's money to play with, and the HOA has authority to issue discipline." Four forces are pushing assessments higher.
1) Rising insurance costs and shrinking coverage
HOA premiums have climbed sharply, and carriers are cutting coverage for higher-risk elements like balconies. Many boards also carry less insurance than their own CC&Rs require, which can amount to a breach of fiduciary duty and leaves owners to cover through assessments whatever the policy won't.
2) California's balcony inspection law, SB 326
Covered in detail below. When an inspection report says repairs are needed, the bill for those repairs often lands directly on owners as a special assessment.
3) Reserves that were underfunded for years
Roofs, plumbing, elevators, and podiums are supposed to be funded gradually over decades. But raising monthly dues triggers owner pushback, so many boards postponed contributions. The result is that several systems reach the end of their lives at the same time and the costs arrive together. Torrance's podium, plumbing, and elevators needing work in the same period looks less like coincidence and more like accumulated delay finally surfacing.
4) Age: the bill for the 1970s and 1980s condo boom
Southern California, including Orange County and the South Bay, has many condo communities built in the 1970s and 1980s. Their roofs, plumbing, elevators, and balconies have reached or passed their expected useful lives. Where boards kept dues low, reserves never grew enough, and the shortfall shows up not as a planned reserve expenditure but as an emergency special assessment. Low monthly dues can signal efficient management, but they can also signal deferred obligations.
SB 326: The Balcony Inspection Law
SB 326 applies to condominium projects with three or more attached units that have exterior elevated elements (balconies, decks, walkways, stairways, and railings) supported wholly or substantially by wood or wood-based products, with walking surfaces roughly six feet or more above ground that the association maintains. Detached, townhome-style projects are generally excluded. Key requirements:
- Inspection cycle: every nine years after the first inspection. New construction must be inspected within six years of the certificate of occupancy.
- Sample size: a statistically significant sample, described as 95% confidence with a margin of error no greater than ±5%. One guide gives examples of roughly 80 inspections for 100 elements and about 217 for 500.
- Who can inspect: licensed structural engineers or architects, not general contractors or home inspectors. One 2026 guide says civil engineers became eligible beginning January 1, 2026.
- Reports and records: reports are signed and stamped by the licensed inspector, with condition assessments and repair recommendations, and findings must be incorporated into the reserve study. Records are kept for two inspection cycles, about 18 years.
- Deadline: the original deadline was January 1, 2025, and it was reportedly extended to January 1, 2026. That date has now passed, so the useful question for a buyer is no longer "was the inspection done?" but "what did it find, and how are repairs being scheduled and paid for?"
The costs can be significant. One guide puts inspection costs at $150 to $500 per unit, roughly $3,000 to $10,000 for small projects and $20,000 to $75,000 or more for large ones. Repairs range from about $1,000 to $5,000 per element for minor work, $5,000 to $25,000 or more for structural repairs, and $15,000 to $50,000 or more per element for full replacement. In a building with many balconies, a major replacement can reach millions. Those are general ranges, and real costs vary widely by property.
On liability, Civil Code §5551 doesn't spell out a specific fine, but exposure can come from local enforcement-cost recovery, negligence claims if a structure fails, fiduciary duty claims against board members, and possible denial of directors-and-officers insurance coverage. That is why a board that delays inspections or sits on the results is taking a serious risk.
How California Law Regulates Special Assessments
California has no state agency that directly oversees HOAs. The core rules live in the Davis-Stirling Act. As Kushner puts it: "There's no such thing as a perfect statute. And so HOAs will routinely take advantage of non-bright lines of a vague language, or lines that aren't too bright, to do what they want to do anyway." Still, several provisions matter to every owner.
Civil Code §5605: the 5% rule
Without a membership vote, the board can levy special assessments totaling no more than 5% of the association's budgeted gross expenses for that fiscal year. With a $600,000 budget, that's $30,000 in total. Anything above that requires a majority of a quorum voting by secret ballot.
Civil Code §5610: three exceptions
- Expenses required by a court order
- Expenses needed to address a threat to personal health or safety or another hazardous condition
- Expenses that were unforeseeable when the budget was prepared, which the board must explain in a written determination
There is a live legal debate here. Some HOA-side firms argue that operating costs such as insurance fit §5610(c). Other attorneys point out that the Legislature included the word "operate" in §5610(b) but left it out of (c), so paying for insurance, which is not maintenance or repair, shouldn't qualify as an emergency exception. The question isn't fully settled, so if a large assessment is justified mainly by insurance costs, talk to an attorney. If the replacement timing already appeared in the reserve study, it's fair to ask whether the cost was truly unforeseeable.
Civil Code §5615: notice
The association must give written notice no less than 30 and no more than 60 days before the assessment is due. Being told to pay within days may be a procedural problem worth raising.
What happens if you don't pay
Late charges accrue, the HOA can record a lien, and if the delinquency exceeds $1,800 or runs 12 months or more, the lien can eventually be foreclosed. If the amount is genuinely unaffordable, request a payment plan in writing and raise it at a board meeting instead of simply falling behind.
If You Receive a Special Assessment Notice: A Step-by-Step Approach
It's natural to react emotionally, but what you do in the first few weeks can shape the outcome. This is a commonly recommended sequence, and any specific situation should be reviewed with an attorney.
- First days: read the notice carefully. Note the total, your share, the due date, whether installments are offered, and the legal basis claimed (within the 5% limit, approved by vote, or a §5610 exception). If the notice gives fewer than 30 days, consider whether §5615 was followed.
- First one to two weeks: request backup. Under §5200, ask in writing for the reserve study, bids and contracts, board minutes, and voting records. Keep a record of the request date.
- Weeks two to four: compare notes with neighbors. Organize questions together and attend the meeting as a group.
- Before the due date: plan the money. Explore installment requests, loan options, and other resources. A tax or financial professional may be useful here.
- If you want to dispute it: start with Internal Dispute Resolution. File under §5900 in writing, then discuss mediation or litigation with an attorney if it isn't resolved.
Reading Reserve Health
California HOAs must prepare a reserve study at least every three years (Civil Code §§5550-5560). The most important figure in it is the percent funded, which compares current reserves with the amount the association ideally should have set aside.
- 70% or higher: generally healthy
- 30% to 70%: caution
- Below 30%: critical; expect a major assessment or steep dues increase
Kushner says to raise concerns with the board right away if the number is under 55%. The figure appears in the annual financial disclosure owners receive, so open that document rather than filing it away.
Don't rely on the balance alone: even several hundred thousand dollars can be inadequate for an older building with expensive systems, so also compare the study's recommended annual contribution with what the budget actually contributes.
Putting the Numbers in Perspective: Paying a Special Assessment Over Time
A large figure is easier to grasp as a monthly amount. The table below divides each amount with no interest at all, purely for illustration. If you finance the assessment or the HOA adds interest to installments, monthly costs will be higher. These are hypothetical amounts, not the terms of any particular community.
| Assessment per unit | 12 months | 36 months | 60 months |
|---|---|---|---|
| $10,000 | about $833 | about $278 | about $167 |
| $25,000 (Modesto / San Clemente scale) | about $2,083 | about $694 | about $417 |
| $38,000 ($19M divided by 499 units) | about $3,167 | about $1,056 | about $633 |
| $49,000 (reported Torrance figure) | about $4,083 | about $1,361 | about $817 |
The same amount can be several times heavier per month depending on the repayment period, so installment length and interest are among the first things to negotiate. Buyers should also confirm whether a building has an existing installment obligation on top of monthly dues.
How Lenders and Resale Are Affected
An HOA's finances affect more than the owners. Reporting on this topic notes that Fannie Mae's standards look at a project's budget and financial statements, reserve studies and engineering reports, insurance documents, and special assessments, because lenders believe an association's financial condition can materially affect loan risk. In practice, depending on the building, financing can become harder or certain loan programs may be unavailable, which shrinks the pool of qualified buyers and can slow a sale or affect price. Standards differ by loan program and lender, so when a property becomes a serious candidate, ask your loan officer early whether the project raises any concerns.
What Current Owners Can Do
- Read the annual financial disclosure and raise questions immediately if percent funded is under 55%.
- Request records under Civil Code §5200: budgets, reserve studies, contractor bids, and meeting minutes.
- Audit the insurance against what the CC&Rs require.
- Keep communications in writing; it is your strongest evidence if a dispute develops.
- Attend meetings and speak up early, before problems become emergencies.
- Use Internal Dispute Resolution (§5900) as a formal step before litigation.
- Consider legal action for clear violations. Kushner's view: "When it's a homeowner trying to protect their rights, yeah, the only way they're gonna be able to force an HOA to follow the law is to sue them."
For Buyers: What to Review Before You Write an Offer
For a condo buyer, the monthly dues figure matters less than what those dues cover and what they quietly defer. During escrow, request these documents from the HOA:
- Reserve study: the remaining life of major components, recommended contributions, and the percent funded.
- Current budget and financial statements: compare the recommended reserve contribution with what is actually budgeted.
- Board minutes for the last 12 months: look for large projects being quietly pushed out, litigation, or insurance problems.
- SB 326 inspection report and repair plan: findings, any red tags, schedule, and funding source.
- Insurance summary: coverage, deductibles, and any structures excluded.
- Special assessment details: anything approved or under discussion, and whether the obligation transfers to you.
- Delinquency rate: many delinquent owners can strain an association's finances.
Then ask the board or management company: What year were the roof, plumbing risers, elevators, and podium installed? Over the last five years, were repairs patchwork or planned full replacements? What major work is expected in the next five to ten years, and where will the money come from? Repeated patch repairs on the same system are among the most common warning signs.
Frequently Asked Questions
Can I pay a special assessment in installments?
Many boards will agree to a payment plan, but it's usually discretionary. Make the request in writing and discuss it at a meeting. Some lenders offer loan products designed for HOA assessments.
What if the board never did a reserve study?
It's required at least every three years. Request the records, and if the board doesn't comply, consider Internal Dispute Resolution or legal action.
Do I really have to sue?
Most attorneys treat litigation as a last resort. The usual order is written requests, attending meetings, and Internal Dispute Resolution under §5900, with an attorney consulted if a clear violation remains.
Bottom Line
Large HOA special assessments aren't a story about a few unlucky buildings; they're a structural risk across California's aging condo market. Checking percent funded, reviewing insurance, keeping communication in writing, and confirming SB 326 inspection results are four habits that can substantially reduce the odds of a surprise five-figure bill.
If you're buying or selling a condo or townhome, or you're worried about your own association's finances, feel free to reach out. I'm happy to review the CC&Rs, rules, financial disclosures, reserve study, and recent meeting minutes with you, and to connect you with an HOA attorney if needed. When you evaluate a listing, don't stop at the monthly HOA fee. Ask what share goes to reserves, whether a reserve study was done in the last three years, and when the major systems were installed.
This article is general information, not legal advice. For your specific situation, consult an HOA attorney.
Sources: ABC7 Eyewitness News – Leanne Suter, CBS Sacramento (Modesto recall), ABC7 San Clemente, MBK Chapman 2026 Fact Sheet, MBK Chapman Insurance Fact Sheet, Propty Special Assessment Guide, Propty SB 326 Guide, LS Carlson Law, Missy Sells OC, STL.news