Florida Condo Associations & Special Assessments
In a Florida condominium association, each owner has both rights and responsibilities, including the obligation to pay dues and assessments. So-called ‘special assessments’ have become somewhat of a lightning rod in recent months and years, however, as changes in Florida’s condo laws have led to disproportionately large assessments being levied. If you are a Florida condo owner, it is important to understand what you can and cannot do if you believe your assessments are unreasonable.
Legislative Changes Trigger Disproportionate Requests
A special assessment is defined as any “assessment levied against a unit owner” other than those required by the association’s annual budget. They are intended to be contributions from owners toward large expenses, such as remodeling or repairing the association buildings. Special assessments have always been part of owning a Florida condo, but since the 2021 collapse of Champlain Towers South in Surfside, legislative changes have created an environment where many feel that special assessments are unreasonable or untenable.
After the collapse, it was discovered that Champlain Towers had been in need of millions of dollars’ worth of repairs, and in fact, a special assessment of $15 million had been assessed to begin that work just days before the tower collapsed. As a result of the tower’s fall, Florida’s legislature sought to ensure that associations always had a certain amount in reserves, so that repairs could be made more promptly – but because so many condo associations are chronically underfunded, it has resulted in many being priced out of their homes.
What To Do?
If you are a condo board member and your board is requiring special assessments, you have a handful of options in terms of how to deal with the matter. Most owners, as one might imagine, simply choose to pay, though some may do it up front, while others seek a payment plan. This is a common solution for many, though the availability of this option will depend ultimately on the choices of the condo association – it is often a good idea to allow this, as it can improve relationships between owners and the board.
In some cases, it may be possible for owners to challenge the assessment if they believe that the association’s by-laws have been violated. Large assessments are permissible under Florida law, but in order to be approved, a condo association must hold a meeting to discuss any project requiring more than 115 percent of assessments for the preceding calendar year. If that meeting is bypassed, or any other procedure spelled out in the association’s bylaws is ignored, owners may have cause to challenge the assessment itself.
Call A Tampa Condominium Association Attorney
Special assessments are rising in Florida, and while repairs must be made to many condo buildings, an association must still act appropriately in trying to get them done. A Tampa condominium association attorney from the Seward Law Office may be able to help your board negotiate with owners and move the process forward. Contact our office today at 813-252-6789 to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2024/718.103
