What Are Florida Condo Association Special Assessment Rules?

What Are Florida Condo Association Special Assessment Rules?

Defective Notice: The Most Common Assessment Killer

A Florida condo special assessment is only valid if the association gives at least 14 days’ written notice of the meeting where it will be considered, and posts that notice on the property, as required by Florida Statute 718. Owners have successfully challenged assessments when the board sent notice late, failed to post it, or left out the required purpose and cost details. In one Sarasota building, a six-figure roof assessment was reversed because the board didn’t file the affidavit proving notice was given – leaving the association scrambling for emergency funds.

Using Assessment Funds for the Wrong Purpose

Florida law requires that special assessment funds be used only for the specific purpose stated in the notice to owners, and not for anything else, according to Florida Statute 718 and confirmed by CIC Services. If the board collects money for a roof repair but spends it on landscaping, owners can challenge the assessment and force the association to return or reallocate the funds. I’ve seen associations forced to refund assessments after owners proved the money was diverted to unrelated projects.

Eric was very helpful especially with the internet technical end of the purchase that I made. He did a thorough inventory of all of the condo items to be included in the purchase. He frequently followed up with my wife and myself to make sure that we were satisfied with our purchase. He has my total endorsement.

– bstapes9, Zillow Review

Missing Owner Approval When Required

Some condo declarations or bylaws require owner approval for certain projects – like major renovations or structural changes – even if the board has the power to levy assessments. If the board skips this step and imposes a special assessment anyway, the assessment is vulnerable to legal challenge. I’ve watched deals fall apart when buyers discovered, days before closing, that a $30,000 assessment was being disputed because the underlying project never got the required membership vote.

How to Protect Yourself Before You Commit

1. Demand the Notice: Ask for the actual 14-day meeting notice and the affidavit of mailing or posting before you buy.
2. Check the Purpose: Review the notice to confirm the assessment’s stated purpose matches the project being funded.
3. Verify Use of Funds: Ask for documentation showing how previous special assessment funds were spent.
4. Review the Declaration: Read the condo documents to see if owner approval is required for the project.
5. Request a Payoff Letter: Get a written payoff from the association showing all assessment balances and payment plan options.

What a Local Agent Catches That You Won’t See in the Listing

I’ve caught defective special assessments in Sarasota and Longboat Key condos that would have cost my buyers tens of thousands. In one case, the estoppel certificate showed a pending $18,000 assessment, but the notice was missing the required purpose and cost breakdown. By flagging this, we forced the association to reissue the notice and delayed the closing until the issue was resolved – saving my client from inheriting a potential lien and a legal mess. Most buyers (and many agents) never ask for the affidavit of notice or check if the assessment was properly adopted under Florida Statute 718. That’s where deals go sideways.

Questions Clients Actually Ask

Can the board just levy any special assessment they want?

No, the board must follow strict notice and purpose rules under Florida Statute 718, and the funds can only be used for the stated project. If they skip steps, the assessment can be challenged or invalidated.

What happens if I buy a condo with an unpaid special assessment?

Unpaid special assessments become a lien against the unit, and you as the new owner can be on the hook for the balance. Always get an estoppel certificate and written payoff before closing.

When my husband Mike and I bought our condo at Seaplace212 in 2018, we were fortunate that we had the Renick Team on our side. Eric & Mike are very Professional and honest with full disclosure. I am a licensed Real Estate agent in Florida. I feel comfortable referring my clients to Eric and Mike. I know that they will receive competent representation.

– Marge Nuzzo, Google Review

Can I fight a special assessment if I think it’s unfair?

Yes, you can challenge a special assessment if the notice was defective, the funds are being misused, or the project required owner approval that wasn’t obtained. Legal review is critical before you pay or close.

What To Do Right Now

Before you go under contract, request copies of all special assessment notices, affidavits of mailing, and the condo declaration’s approval requirements for major projects.

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