Can the board of directors approve a special assessment without a membership vote if the governing documents do not require it?

The board of directors can approve a special assessment without a membership vote if the governing documents do not expressly require one. This is consistent with the board's authority to manage the association’s affairs. Governing documents, which include the bylaws and covenants, conditions, and restrictions (CC&Rs), outline the powers granted to the board. If they are silent on the need for a membership vote for special assessments, the board is typically given the discretion to make that decision unilaterally. This allows for responsive management of the community’s needs, as special assessments can often be necessary to address unexpected financial obligations or repairs.

Understanding the context is crucial; in situations where the governing documents outline specific requirements for assessments and voting, those would take precedence. However, in the absence of such stipulations, the board’s ability to act without consulting the membership reflects the trust and authority placed in them by the governing documents.