Special assessments: Overview, definition, and example
What are special assessments?
Special assessments refer to fees or charges imposed by a government authority or homeowners’ association (HOA) on property owners to fund specific public projects or improvements that benefit the community. These assessments are typically levied in addition to regular property taxes or HOA dues and are used to cover the costs of infrastructure repairs, road maintenance, or other capital improvements.
For example, a city may impose a special assessment on homeowners in a neighborhood to fund the installation of new streetlights or sidewalks.
Why are special assessments important?
Special assessments ensure that the costs of public or community improvements are fairly distributed among those who benefit from them. They help local governments and HOAs fund necessary projects without relying solely on general tax revenue.
For property owners, understanding special assessments is crucial because these charges can increase overall housing costs and may not always be optional. In contracts, special assessment clauses help clarify financial responsibilities, especially in real estate transactions.
Understanding special assessments through an example
A condominium association determines that a new roofing system is needed for the entire complex. The regular HOA dues do not cover the full cost, so the association imposes a special assessment on each unit owner to pay for the repairs. Owners must contribute an additional one-time fee based on the size of their unit.
In another scenario, a local government funds the expansion of a public sewer system by charging a special assessment to property owners who will be directly connected to the system. The assessment ensures that only those benefiting from the improvement bear the cost, rather than all taxpayers.
An example of a special assessments clause
Here’s how this type of clause might appear in a real estate contract:
“Buyer acknowledges that the Property may be subject to special assessments imposed by the local government or homeowners’ association. Buyer agrees to assume responsibility for any unpaid special assessments unless otherwise negotiated prior to closing.”
Conclusion
Special assessments are additional fees imposed by government entities or HOAs to fund specific infrastructure or community projects. While they help improve public services and property values, they can also create unexpected costs for property owners. Understanding how special assessments work is essential when purchasing real estate or managing property in an HOA-governed community.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.