Yes, a Florida condominium association can levy a special assessment, but only if it follows the process its own documents and Florida law require. That process usually turns on three things: whether the expense is one the association is actually permitted to charge for, whether the board adopted it at a properly noticed meeting, and whether owners received the notice the declaration and Chapter 718 require. Most assessment disputes in Florida are not really arguments about whether money is owed. They are arguments about authority and process, which is why the minutes and the notice records matter more than the invoice. This page is general information about Florida law, not advice about your association or your unit.
Tell Aaron what happened
Describe whether you are on the board or an owner, what the assessment covers, and where it stands. Aaron reviews new matters personally. Sending information does not create an attorney client relationship, and a conflict check comes first, so please hold your documents until the firm confirms it can look at them. If a vote, a lien deadline, or a noticed meeting is coming, do not rely on a form. Call (305) 672-7495 and ask for Aaron.
When an assessment matter becomes urgent
Florida assessment matters run on statutory clocks and recorded deadlines, so waiting is rarely neutral. Treat it as urgent when any of the following is true.
- A special assessment vote is scheduled and owners are organizing against it
- The association is preparing to record liens or begin collection
- An owner has sent a written challenge or a presuit demand
- A structural, milestone inspection, or reserve funding obligation is driving an urgent assessment
- Collections have stalled and the association's operating budget is affected
- A closing is pending on a unit with a disputed balance
What a Florida association may assess for
A Florida condominium association may generally assess owners for the common expenses its declaration and Chapter 718 authorize, which typically covers operating costs, maintenance of the common elements, insurance, reserves, and expenses the statute treats as shared. Special assessments cover costs outside the adopted annual budget, which in Florida practice most often means structural repair, milestone inspection work, reserve shortfalls, insurance increases, and litigation the association is carrying. The controlling question is never whether the expense is genuine. It is whether a specific provision of the declaration or the statute authorizes charging it to owners in the manner proposed.
Process is where associations get challenged
In Florida the most common defect in an assessment is procedural rather than financial, and process failures are what give owners something to argue. Boards protect an assessment by getting the mechanics right the first time.
| Step | What a board should be able to show |
|---|---|
| Authority | The declaration or statutory provision that permits this charge, identified specifically. |
| Notice | Meeting notice given in the form and within the timeframe the documents and statute require, with proof of how it was delivered. |
| Meeting | A properly constituted meeting with a quorum, and an agenda that identified the assessment. |
| Vote | The vote recorded in the minutes, taken by whoever the documents say must approve it. |
| Calculation | Allocation among units consistent with the percentages stated in the declaration. |
| Communication | Written notice to owners of the amount, the purpose, and the payment schedule. |
Collection when owners do not pay
Florida gives condominium associations a defined path for unpaid assessments, and following it in order is what preserves the association's position. The sequence generally moves from a written demand, to a claim of lien recorded against the unit, to foreclosure of that lien if the balance remains unpaid, with statutory notice required before each escalation. Associations run into difficulty when steps are skipped, when the balance includes charges the documents do not authorize, or when notices go to an address the association has not kept current. A collection file that is clean at every step is far more durable than one assembled after an owner objects.
If you are a unit owner facing an assessment
Florida owners who believe an assessment is improper generally have to challenge the authority or the process rather than the amount, because disagreeing with a board's spending decision is not usually a defense on its own. The productive questions are whether the declaration authorizes this charge, whether notice was given as required, whether the meeting and vote followed the documents, and whether the allocation matches the percentages in the declaration. Withholding payment while a challenge is pending carries its own risk in Florida, since balances can continue to accrue and collection can proceed regardless of the dispute. That risk is worth understanding before choosing that route.
Presuit process before court
Florida channels certain condominium disputes into a presuit resolution process before a case can be filed, and which track applies depends on the type of dispute. Assessment collection is generally treated differently from disputes over board authority or elections, so the first question in any Florida condominium matter is which forum the statute assigns it to. Getting that wrong can cost months. It is worth answering before anyone drafts a demand.
What to have ready
Florida assessment matters are decided on the association's own records, so those come first.
- The declaration, articles, and bylaws with all amendments
- The current adopted budget and any reserve study
- Meeting notices, agendas, and minutes covering the assessment
- The written notice sent to owners about the assessment
- The assessment ledger and the accounting behind the balance in question
- Any written objection, demand, or presuit papers received
- Contracts or bids for the work the assessment funds
- Inspection or engineering reports where structural work is driving the assessment
Gather these before the consultation. Do not send them until the conflict check is complete.
What typically happens next
A Florida assessment matter usually starts with a conflict check, then a review of the declaration and the meeting records, because authority and process decide most of these before the numbers ever come up. From there the work depends on the posture. An association that is defending an assessment is generally building a documented record of authority, notice, and vote. An association that is collecting is generally making sure each statutory step is clean before escalating. Many of these matters resolve once one side sees a complete record, since a well documented assessment is difficult to unwind and a defective one is difficult to defend. Those that do not resolve proceed through the applicable forum. Timelines vary.
Why Aaron Resnick
More than twenty years litigating Florida business and property disputes, including condominium and association matters that have drawn coverage in national and Florida press. Recognized by Super Lawyers for over thirteen years. AV rated. You work with Aaron directly rather than being handed to a team.
Related questions Aaron answers
- How much notice must a Florida condo association give before a special assessment?
- Can an association record a lien for unpaid assessments?
- What happens to unpaid assessments when a unit is sold?
- Can a board approve a special assessment without an owner vote?
- How are assessments allocated among units in a Florida condominium?
Reviewed by Aaron Resnick, Esq.
Published July 30, 2026. Last reviewed July 30, 2026.
This page is general information about Florida law, not legal advice, and reading it does not create an attorney client relationship. Every association and every unit is governed by its own documents. For advice about a specific situation, speak with a lawyer.
