Short Answer
A Florida condominium unit owner may have grounds to challenge a special assessment if the association lacked authority, failed to follow required notice or meeting procedures, allocated the assessment improperly, used funds outside the approved purpose, withheld required records, or otherwise violated the declaration, bylaws, or Chapter 718. Disagreeing with the amount alone is not necessarily enough. Assessment disputes can also create lien and foreclosure risk, so owners should not simply stop paying without understanding the consequences and available procedures.
Tell Aaron What Happened Call 305 672 7495
over 25 years representing business owners in high-stakes disputes. As seen in The New York Times, Wall Street Journal, and Miami Herald.
Tell Aaron what happened. What the association is charging, how it was approved, and what you have already paid.
When This Becomes Urgent
- The payment date, lien notice, collection letter, election, or meeting is approaching.
- The assessment is material, tied to a major repair, or affects a sale, refinance, or closing.
- Records, engineering reports, reserve studies, bids, insurance proceeds, or contracts are missing.
What Usually Goes Wrong
- Withholding payment without evaluating lien, interest, fees, and foreclosure exposure.
- Focusing only on the board's wisdom instead of authority, procedure, records, and allocation.
- Waiting until after contracts are signed and funds are committed to request the underlying documents.
Why Miami Experience Matters
Miami condo assessments can involve major structural work, insurance, reserves, recertification, waterfront conditions, and projects with large budgets. A Miami condo litigator understands the practical difference between a serious building obligation and an assessment process that was poorly documented or improperly carried out. Local experience helps focus the challenge on provable legal and financial issues without minimizing legitimate safety needs.
Local proof: Aaron Resnick's background
What to Have Ready
- The declaration, bylaws, rules, amendments, and recent budgets.
- Meeting notices, agendas, minutes, ballots, proxies, and assessment resolutions.
- Reserve studies, engineering reports, bids, contracts, and insurance information.
- Owner ledgers, invoices, payment schedules, and lien or collection notices.
- Records requests, association responses, and communications with management or the board.
What Typically Happens Next
Counsel reviews authority, notice, meeting procedure, allocation, records, and collection status. A targeted records request or written objection may clarify the issue. Depending on the facts and applicable pre suit requirements, the matter may proceed through negotiation, statutory dispute processes, injunction, declaratory relief, or other litigation. The strategy must protect the unit owner's rights while managing the financial risk of unpaid assessments and a pending lien.
Related Questions and Reading
- Can I Inspect the Company's Books and Records in Florida?
- Can I Get an Injunction Against My Business Partner?
- What If Your Co Owner Wants to Sell the Property and You Do Not?
- condo assessment disputes
- real estate litigation
- What Did Florida's 2024 Condo Law Changes Actually Do?
- Browse all Ask Aaron answers
Disclaimer
This is general information, not legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Deadlines can be short. If your matter is time sensitive, call the office at 305-672-7495.
