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Ask Aaron! Your Questions on Florida Business Law Answered

What If My Condo Association Is Charging Illegal Fees?

Posted by Aaron R. Resnick | Aug 08, 2026 | 0 Comments

The amount may be called a fee, fine, assessment, interest charge, or collection cost. The label matters less than the authority and procedure.

Short Answer

Ask for a written ledger and the legal or document authority for each charge. A disputed amount may be an assessment, fine, late fee, interest, collection cost, transfer charge, use fee, or another obligation, and different rules may apply. Review the declaration, bylaws, rules, budget, meeting notice, vote, invoice, and payment history. Do not simply stop paying every association charge because one item looks wrong. Unpaid amounts can create lien and collection risk. A focused challenge identifies the exact charge, why it lacks authority or procedure, and what correction is requested.

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When This Becomes Urgent

  • The association has sent a lien, collection, suspension, or foreclosure notice.
  • A sale, refinance, estoppel certificate, or closing depends on the disputed balance.
  • The charge is recurring, growing, or being applied differently to similar units.

What Usually Goes Wrong

  • Calling every disputed amount an illegal assessment without classifying it.
  • Withholding unrelated regular assessments while the fee is reviewed.
  • Relying on a portal balance without obtaining the ledger, notices, and board records.

Why Miami Experience Matters

Miami condo charges can affect sales, rentals, financing, and investor decisions quickly. Buildings also vary widely in declarations, amenities, budgets, and management practices. Local condo dispute experience helps connect the statute to the actual governing documents and closing consequences, not merely to the name used on a ledger.

What to Have Ready

  • The complete ledger, invoices, notices, and collection letters.
  • Declaration, bylaws, rules, amendments, and applicable fee schedule.
  • Budget, meeting notice, agenda, minutes, vote, and board resolution.
  • Proof of payments and communications disputing the charge.
  • Any lien, estoppel, sale, refinance, or closing documents.

What Typically Happens Next

Counsel classifies the charge, identifies the statutory and document authority, and checks notice, vote, amount, and collection procedure. The response may request records, demand a corrected ledger, challenge a fine or fee, negotiate a payment under protest, or address lien and foreclosure risk. The plan should protect the unit while the disputed item is resolved.

Related Questions and Reading

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.

About the Author

Aaron R. Resnick
Aaron R. Resnick

Aaron Resnick, a graduate of Leadership Miami, is a leader in the Miami's legal and cultural arts...

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