Special assessments are one of the most searched topics for Florida condo boards — and for good reason. Properly handling assessments protects both boards and owners from legal challenges. These issues are frequently discussed in relation to Florida condo law, making special assessments a high-traffic legal topic for associations statewide.
Understanding Special Assessment Requirements
Under Florida law, boards must follow strict notice, quorum, and voting requirements before imposing a special assessment. Notices must be delivered with sufficient time and detail so owners can review the assessment purpose.
Drafting & Approving the Assessment
Boards should document the rationale for any proposed special assessment, including projected costs and impact on reserve accounts. Good documentation reduces the risk of owner disputes.
Communicating With Owners
Clear communication fosters transparency and helps prevent complaints or legal challenges. Consider hosting an informational meeting before a vote, and make all supporting documents available online.
Questions About Special Assessments?
Our experienced Florida condo law attorneys can help ensure your assessment process is compliant and enforceable.
Frequently Asked Questions
Do special assessments require a vote?
Yes, most associations require approval by a quorum and a specified owner vote. Voting requirements are typically outlined in Florida condo statutes and governing documents.
Can notices be sent electronically?
If allowed under your documents and Florida law. Associations must also ensure owners have consented to electronic delivery.
What happens if the vote fails?
Boards must reassess and potentially revise the proposal. In some cases, additional owner education or revisions may be required before resubmission.
Hello,
Our Board passed a 10.5 million dollar special assessment without the votes of the owners. When I was on the Board after Hurricane Wilma hit we had to get the vote of the owners to move forward with a special assessment.
They never got a line of credit at a bank and made the funds due in 18 months. The delinquencies are now at $850,000 and only one owner has a lien placed on them. Our condo docs specifically state a vote of the owners is required.
What recourse do we have at this time?
Thank you.