Receiving a special assessment notice from your Florida condominium association can feel like a financial sucker punch. Whether it’s thousands of dollars for building repairs or unexpected infrastructure improvements, these surprise charges can strain your budget and raise serious questions about fairness and legality.

If you’re facing a special assessment that seems excessive, improperly imposed, or questionable, you have rights under Florida law. This guide will help you understand when and how to fight a special assessment in Florida, what warning signs to look for, and when it’s time to seek legal help.

Note: This guide focuses specifically on condominium associations governed by Chapter 718 of the Florida Statutes. Homeowners associations (HOAs) are governed by different laws under Chapter 720.

What Is a Special Assessment in Florida Condominiums?

A special assessment is an additional fee charged by your condominium association, in addition to your regular monthly or annual dues. These assessments fund specific projects or expenses that weren’t included in the association’s regular budget, such as major building repairs, unexpected maintenance, capital improvements, infrastructure upgrades, legal fees, or reserve fund shortfalls.

Why Special Assessments Have Surged in Florida

Special assessments have dramatically increased following Senate Bill 4-D (2022) and Senate Bill 154 (2023), which established new requirements for condominium buildings:

Milestone Inspections: Buildings that are three stories or higher and at least 30 years old (or 25 years old if located within three miles of the coast) must undergo structural inspections. Initial inspections were due by December 31, 2024, or December 31, 2025, depending on the building’s age and location.

Structural Integrity Reserve Study (SIRS): Most condominium buildings are required to complete a SIRS by December 31, 2025, which assesses the remaining useful life and replacement costs of major structural components.

These inspections often reveal deferred maintenance and code compliance issues requiring immediate funding through special assessments. While many are legitimate, some violate Florida law or your association’s governing documents.

Warning Signs Your Special Assessment May Be Invalid

Before you pay, watch for these red flags:

Notice and Procedure Red Flags

  • Inadequate notice: Section 718.112(2)(c)1 requires at least 14 days’ written notice before a meeting to consider nonemergency special assessments. Section 718.112(2)(c)3 mandates that the notice state that assessments will be considered and provide the estimated cost and description of purposes.
  • Missing owner approval for material alterations: When the assessment funds material alterations or substantial additions to common elements, Section 718.113(2)(a) requires approval from 75% of unit owners unless your declaration specifies otherwise. Even if the board properly voted to levy the assessment, it’s invalid if required owner approval for the underlying project wasn’t obtained.
  • Rushed voting timelines or improper meeting procedures

Financial Red Flags

  • No competitive bidding: Section 718.3026(1) requires competitive bids for contracts costing 5% or more of the association’s total annual budget.
  • Disproportionate cost allocation without justification
  • Assessment amounts exceeding project scope
  • Recent budget approval contradicting the need for assessment

Documentation Red Flags

  • Vague project descriptions lacking transparency
  • No reserve study justification despite new SIRS requirements
  • Board refusal to provide documentation (violates Section 718.111(12))
  • Pattern of financial mismanagement

If you’ve spotted multiple warning signs, it’s time to take action. At Gomez Law, we’ve been fighting for Miami condominium owners for over 15 years. We know exactly what to look for in improper special assessments and how to hold associations accountable. Contact us for a free consultation to discuss whether your assessment violates Florida law.

Legal Grounds to Challenge a Special Assessment

Key Florida Statutes

Section 718.112(2)(c)1-3 governs notice requirements at least 14 days’ written notice with specific cost and purpose information.

Section 718.113(2)(a) prohibits material alterations without 75% owner approval (unless your declaration specifies differently). This is triggered by the nature of the project, not by it being a special assessment.

Section 718.111(12) provides record inspection rights; Section 718.111(13) requires annual financial reporting.

Section 718.3026(1) establishes competitive bidding requirements for contracts exceeding 5% of annual budget.

Valid Challenge Grounds

Procedural violations:

  • Improper notice under Section 718.112(2)(c)
  • Missing required 75% owner approval for material alterations under Section 718.113(2)(a)
  • Competitive bidding violations under Section 718.3026(1)

Governing document violations:

  • Board exceeding its authority
  • Contradicting spending restrictions
  • Bypassing required amendments

Unreasonable charges:

  • Amounts excessive relative to actual costs
  • Unfair cost allocation
  • Arbitrary or selective enforcement

Step-by-Step: How to Challenge a Special Assessment

Step 1: Review Your Governing Documents

Examine your declaration, bylaws, and amendments for specific procedures, dollar thresholds, notice requirements, and restrictions on assessment use.

Step 2: Request Complete Documentation

Under Section 718.111(12), request:

  • Detailed project cost breakdown
  • Contractor bids demonstrating competitive bidding compliance
  • Current SIRS (if applicable)
  • Board meeting minutes and vote records
  • 14-day notices sent to all owners
  • Owner approval ballots (if required under Section 718.113(2)(a))
  • Engineer/inspector reports
  • Financial statements

Step 3: Identify Legal Violations

Document specific violations:

  • Compare notice dates with 14-day requirement
  • Verify notice included required information
  • Determine if project involves material alterations requiring 75% owner approval
  • Check if competitive bidding was required and conducted
  • Analyze cost reasonableness

Step 4: Attend Board Meetings

Voice concerns formally, request clarifications, take detailed notes, and connect with other concerned owners. This creates a record of attempted informal resolution.

Step 5: Gather Supporting Evidence

Collect photographs, expert opinions, comparative data, correspondence, witness statements, and evidence of violations.

Step 6: Consult an Attorney

Seek legal help when you’ve identified clear statutory violations, the amount is substantial, informal resolution failed, or multiple owners want to join the challenge.

This is where Gomez Law makes a difference. Unlike other HOA lawyers who charge $300-500 per hour upfront, we work on full contingency; you only pay if we win. Eduardo Gomez, Esq. has over 15 years of experience in complex litigation and has represented condominium owners throughout Florida, including arguing cases before the Florida Supreme Court. We investigate thoroughly before we litigate, building an airtight case that puts your association on the defensive from day one.

Legal Options for Fighting Special Assessments

Informal Resolution

Negotiate directly with the board, build owner coalitions, and request reconsideration with documentation of violations. Having an experienced attorney send a demand letter often resolves issues faster than going it alone.

Mediation and Arbitration

Voluntary mediation can be effective. Note that Section 718.1255(1) exempts disputes primarily involving assessment levy or collection from mandatory ADR you can proceed directly to court if preferred.

Declaratory Judgment

Ask the court to determine whether the assessment complies with Florida law and governing documents. This is effective when legal uncertainty exists or as a preventive measure. Florida courts have used this remedy in cases like Cohn v. Grand Condominium Association, Inc. (2011).

Injunctive Relief

Request temporary or permanent injunctions to prevent collection or enforcement while your challenge proceeds.

Attorney Fee Recovery

Section 718.303(1) provides fee-shifting for prevailing parties. If you win, the association may pay your attorney’s fees and costs, significantly reducing your financial risk.

At Gomez Law, we leverage this fee-shifting provision strategically. Because we only represent homeowners (never associations), we know how to position your case for maximum impact. Our thorough investigation before litigation means we only proceed when we’re confident of success—and confident you’ll recover your attorney’s fees.

Alternative Strategy: Board Recall

Sometimes replacing decision-makers is more effective. Section 718.112(2)(j) allows recall when owners representing at least 10% of voting interests petition, followed by a vote requiring majority approval of all voting interests. Consider recall when the assessment reflects broader mismanagement patterns or when multiple questionable decisions indicate systemic problems.

Critical Timelines and Deadlines

Notice requirements: Section 718.112(2)(c)1 requires 14 days minimum before meetings to consider nonemergency assessments.

Payment deadlines: Understand that unpaid assessments can result in liens under Section 718.116(3). Consider paying under protest (stating in writing you’re preserving your right to challenge) to protect your property while pursuing legal action.

Statute of limitations: Under Section 95.11(2)(b), written contract claims have a five-year limit. Under Section 95.11(3), many statutory violation claims have a four-year limit. However, act quickly, evidence becomes harder to gather over time.

Don’t wait until deadlines pass. The sooner you contact an experienced condominium attorney, the more options you have. Schedule your free consultation with Gomez Law to understand your timeline and protect your rights before it’s too late.

Real Florida Cases: Lessons from Successful Challenges

Bailey v. Shelborne Ocean Beach Hotel Condominium Association (2020)

The Florida Third District Court of Appeal invalidated a special assessment due to procedural errors in obtaining required approvals under Section 718.113(2)(a) for material alterations.

Key lessons: Even if the board properly votes to levy an assessment, it’s invalid if the underlying project required 75% owner approval that wasn’t obtained. The distinction between board authority to levy assessments and owner approval for the underlying project is critical.

Springsted Holdings v. Del Prado Mall Professional Condominium Association (2022)

The Florida Second District Court of Appeal granted a permanent injunction against an association for exceeding authority granted by governing documents.

Key lessons: Courts enforce limits clearly stated in governing documents. Thorough document review often reveals violations associations overlook.

These cases demonstrate exactly the kind of thorough legal analysis that Eduardo Gomez brings to every condominium dispute. With experience arguing before Florida’s appellate courts and a track record of taking cases to trial when necessary, Gomez Law knows how to build winning strategies based on Florida case law and statutory violations.

Should You Challenge or Pay? Decision Framework

Cost-Benefit Analysis

Consider assessment amount versus legal costs ($3,000-$20,000+), strength of your case (procedural violations have higher success rates), fee recovery potential under Section 718.303(1), and community impact.

With Gomez Law’s contingency fee structure, cost isn’t a barrier. We take a set percentage of the recovery we win for you. If we don’t win, you owe us nothing. This means you can take on your association without draining your savings.

Likelihood of Success

Challenges succeed more often when:

  • Clear procedural violations occurred (improper notice, missing owner approval, competitive bidding failures)
  • Governing documents explicitly prohibit the action
  • Multiple owners support the challenge
  • Documentation shows unreasonable costs

Alternative Solutions

Consider payment plans, refinancing, selling the property, requesting board reconsideration, or negotiating reduced amounts before committing to litigation.

When to Seek Legal Help

Contact a Florida condominium law attorney immediately if:

  • You’ve identified violations of Sections 718.112(2)(c), 718.113(2)(a), or 718.3026(1)
  • The board refuses to provide documentation required under Section 718.111(12)
  • Notice violations occurred (less than 14 days or missing required information)
  • Material alterations occurred without required 75% owner approval
  • You’ve received collection notices or lien threats
  • The assessment amount is substantial
  • Multiple owners share concerns

Why Choose Gomez Law to Fight Your Special Assessment

No Upfront Costs – We Only Get Paid When You Win

Most HOA lawyers require thousands in upfront fees just to get started. At Gomez Law, we’re different. We only get paid when you win. That means you get top-tier legal firepower with zero risk unless we win.

We Investigate Before We Litigate

We don’t file lawsuits and figure things out later. We investigate thoroughly first reviewing all documents, analyzing association behavior, checking for statutory violations under Chapter 718, and building a complete case file before taking action. We only proceed when we’re confident of success.

Homeowners Only – Never Associations

We never represent HOAs or management companies. This means no conflicts of interest, and our strategies are designed exclusively to protect homeowners, not associations. As founder of Anti Association Lawyers, PLLC, Eduardo Gomez has dedicated his practice to holding associations accountable.

Spanish-Fluent Legal Services

Serving Miami’s large Spanish-speaking community with ease. We offer complete legal services in Spanish for clients who prefer to communicate in their native language.

Over 15 Years of Proven Experience

Eduardo Gomez, Esq. brings over 15 years of experience in complex litigation, with multiple trials in Florida state and federal courts. He earned his Juris Doctor from The George Washington University Law School and has argued before the Florida Supreme Court, creating substantive law in his practice areas. Recognized by Super Lawyers (2010) and DBR’s Most Effective Lawyers in Appellate Law (2011), Eduardo combines legal expertise with a commitment to protecting Florida condominium owners.

Frequently Asked Questions

Can I challenge an assessment after paying it?

Yes, but pay under protest in writing, preserving your right to challenge. You can still seek declaratory judgment that it was invalid, though some remedies like injunctions become moot. Contact Gomez Law immediately if you’ve already paid, we can evaluate whether you can still recover what you paid.

What if I can’t afford the special assessment?

Contact your association about payment plans. If procedural violations exist, an attorney can seek injunctive relief preventing collection during your challenge. With Gomez Law’s contingency fee structure, you don’t need to afford legal fees upfront, we only get paid if you win.

How long does the challenge process take?

Informal resolution: 1-3 months. Mediation: 2-4 months. Litigation: 6-18+ months depending on complexity. Our thorough pre-litigation investigation often leads to faster resolutions because associations know we’ve built a strong case.

Does the new Florida legislation about building inspections affect my rights?

Yes. SB 4-D and SB 154 necessitate many assessments, but associations must still follow proper procedures. Compliance urgency doesn’t excuse violations of notice requirements, owner approval requirements, or competitive bidding rules. Many associations are rushing assessments through without following the law that’s where we step in.

Take Action Now: Protect Your Rights and Your Investment

Fighting a special assessment in Florida requires understanding your rights under Chapter 718, particularly the critical distinction between the board’s authority to levy assessments and the separate requirement for owner approval when projects involve material alterations under Section 718.113(2)(a). Even properly voted assessments may be invalid if required owner approval for the project itself wasn’t obtained.

Don’t let your condominium association take advantage of you. If you’ve received a special assessment that seems excessive, was imposed without proper notice, or violates Florida law, you have options.

Schedule Your Free Consultation with Gomez Law Today

Call us at (305) 720-2601 or contact us online to discuss your special assessment challenge. With no upfront costs and payment only when we win, you have nothing to lose and everything to gain.

Miami Office Location: Gomez Law
145 Almeria Ave
Coral Gables, FL 33134
(305) 720-2601

Don’t face your association alone. Let Gomez Law fight for you.


Disclaimer: This article provides educational information about Florida condominium special assessment laws and is not legal advice. Consult with a Florida-licensed attorney specializing in condominium law for advice about your specific circumstances. This guide addresses condominium associations under Chapter 718; homeowners associations are governed by different laws under Chapter 720.