Florida Condo Fees: Don’t Wait on Special Assessments

Owning a condominium in Florida offers many advantages—but it also comes with responsibilities, especially when it comes to special assessments imposed by the condominium association. These assessments are legally enforceable and are governed by Florida Statute Chapter 718, known as the Florida Condominium Act.

But state law is just the beginning. The governing documents of your association—including the Declaration of Condominium, Bylaws, and Articles of Incorporation—are equally important, and in many cases, they may impose stricter requirements than the statute. Understanding these documents is key to protecting your rights and avoiding serious consequences.

What Is a Special Assessment?

A special assessment is a one-time charge levied by a condominium association to cover expenses not included in the annual budget. Common reasons for special assessments include:

• Emergency repairs (e.g., hurricane or flooding damage)

• Structural improvements or replacements

• Legal judgments or insurance gaps

• Reserve fund replenishment

These assessments can be substantial, and the payment deadlines are often short.

Legal Authority Under Florida Statute 718

Under Florida Statute § 718.116, associations have powerful tools to enforce the collection of special assessments. These include the ability to:

• Record a lien on the unit for unpaid amounts

• Charge interest, late fees, and legal costsForeclose on the unit in the same manner as a mortgage lender

Once notice has been properly issued, these enforcement actions can begin quickly—meaning time is not on your side if you delay.

Why Governing Documents Matter

Many unit owners are surprised to learn that their condominium’s Declaration and Bylaws may contain requirements and procedures that go beyond state law. These governing documents are legally binding contracts that define how the association must operate, and how issues like assessments are handled. They may include:

• Specific procedures for board meetings and votes on special assessments

• Stricter notice requirements for informing unit owners

• Timeframes and methods of service that exceed statutory minimums

• Limits or caps on certain types of expenditures or assessments

Failure to follow these internal rules can open the door to legal challenges—even if the association believes it is in compliance with state law.

For unit owners, having a copy of the governing documents is not optional—it’s essential. These documents control everything from payment obligations to your rights in disputing or appealing an assessment.

What to Do If You Receive a Special Assessment

If you’ve been served with a notice of a special assessment, here's what you should do immediately:

1. Request and Review the Governing Documents Check the Declaration of Condominium, Bylaws, and Rules & Regulations. These may contain important provisions about notice, voting requirements, and your payment rights.

2. Evaluate Compliance with Chapter 718 and the Governing Documents Just because an assessment was issued doesn't mean it was done legally. Both statutory and internal rules must be followed precisely.

3. Consult an Attorney Promptly At Askew & Associates, P.A., we routinely help clients evaluate the legality of assessments and represent them in disputes or negotiations with their association.

4. Communicate in Writing Whether you're disputing the amount, seeking a payment plan, or requesting documents, keep a paper trail. Written communication can be vital evidence if legal action arises.

5. Do Not Delay Once notice is given, the association may quickly begin enforcement, including placing a lien on your unit and initiating foreclosure if you don’t respond.

   
   

Don’t Wait Until It's Too Late

Condominium associations in Florida hold substantial legal authority—but that power is balanced by clear procedures and legal requirements. If you’ve received notice of a special assessment, understanding both Florida law and your association’s governing documents is critical.

At Askew & Associates, P.A., we have decades of experience helping condominium owners and associations navigate complex disputes involving assessments, enforcement actions, and compliance issues. We’ll review your documents, protect your rights, and help you respond strategically and effectively.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.