Perhaps one of the most contentious aspects of living in a Florida condo association is the topic of dues. Owners love to hate them, but they’re an essential part of maintaining a well-operating HOA.
While no one likes to see their costs increase, we all know expenses are on the rise. To counter some of those increased expenditures, many condo boards vote to raise dues, but do owners get any say at all in this decision?
The Dos and Don’ts of Dues
Here in Florida, there is no state law imposing limits on how much an HOA can raise dues each year. The dues allocation process is generally done in conjunction with annual budget planning and is typically put to a board vote; however, it’s important to verify specific rules related to dues in your CC&Rs. For example, some declarations may impose limits on how much dues can increase each year.
That said, there is a stipulation in Florida law that applies to condo associations. Florida Statute 718.112(2)(a) states that if assessments are increased by more than 115%, then a substitute budget can be requested by owners. To do this, 10% of the owners must petition the board within 21 days of the budget’s imposition to request a special meeting.
Additionally, in a condo association, if the developer controls the board then there is an automatic rule that assessments cannot rise by more than 115% of the previous year, however, there are no such stipulations for HOAs.
Make Your Voice Heard
Even if your CC&Rs don’t require a vote when raising dues, there are ways to get involved. If you have serious concerns about the increase in dues, your best bet is to take proactive steps to inform yourself and understand your community’s needs.
Get involved and attend meetings regularly, especially budget meetings, so you have a solid understanding of how financial decisions are getting made. In rare cases, an overinflated budget can be due to a fiscally irresponsible board.
If your Miami condo association has questions about condominium law, please get in touch.
with our team at Dania Fernandez and Associates, P.A.
We offer legal assistance in all matters of condominium association law, homeowners and community association law, real estate litigations and transactions, residential and commercial closings, and insurance law.
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Hi Dania, I live in an HOA in Englewood that was severely damaged by Hurricane Ian. I bought my unit in March 2022, and Ian hit our complex in Sept. 22 (as you know). Our HOA fees have risen from $400/mo to $600/mo. and our HOA is broke with approximately 40 out of 174 units uninhabitable. These owners have not been able to move back to their units since the hurricane. Our complex was built in the 1980’s and 1990’s and isn’t luxuriouis by any means, but it is nice. Many residents pay for flowers, shrubs, etc out of their pockets to plant flowers around the pool, and chip in to help whenever and wherever they can. We have approximately 6 insurance companies representing our HOA that have claimed that Ian was considered a Cat 1 storm and they are refusing to pay for damages. They have paid some but we have experienced lawsuits from SRM (a national company) and settled with them for the work that they performed and allegedly performed. Now we are in the same boat with a company by the name of CRG who we have heard is not using local talent and the residents are hearing that they are receiving kickbacks. After all this time, our HOA president, a judge from Canada and newly elected has finally hired a law firm, but we fear there will be another special assessment (we have already paid $10,000 after Ian, plus the $200/month increase in HOA fees, and there are numerous “gutted” units going up for sale. I’m a real estate broker in Ohio and Kentucky and I don’t know how much longer I can withstand these random increases. Do you know if there are any lobbying interests that are lobbying the state legislature to change the current laws? If so, I would like to join one. I worked in the Ohio House of Representatives for 10 years, and then lobbied before I became a real estate broker. I just feel that all the things that are happening to us are criminal, and the Florida legislature is not helping. Thank you for your time. Gratefully, Kim Hill