Yes, and since the post-Surfside reforms it often must. A special assessment for repairs is lawful when the board gives proper notice, states the purpose, and spends the money only on that purpose. Assessments are mandatory, so you have to pay, but you can pay under protest and challenge one that was improperly noticed or misspent.
The statute
Special assessments are governed by Florida Statute 718.112 and 718.116. Your key protections:
- 14-day notice. A meeting on a non-emergency special assessment requires at least 14 days written notice to owners, plus posting, and the notice must state the purpose (718.112(2)(c)).
- Attend and speak. You may attend, speak on the item, and record it.
- Purpose lock. Funds can be used only for the stated purpose. Any surplus is returned to owners or applied as the documents allow.
Why repair assessments are now common
The 2024 reforms made structural reserves mandatory. For condo buildings three habitable stories or taller, a Structural Integrity Reserve Study (SIRS) identifies major repairs (roof, structure, waterproofing, plumbing, electrical), and for budgets adopted on or after December 31, 2024, those reserves cannot be waived (718.112(2)(g)) — though HB 913 (2025) lets a board briefly pause reserves after a milestone inspection, or fund them by loan or special assessment with owner approval. Associations that skipped reserves for years now face large catch-up costs, and repair assessments are the lawful way to fund them. Milestone inspections (Florida Statute 553.899) can also reveal repairs that need funding. So a large repair assessment, while painful, is frequently proper.
How to tell if the assessment is improper
- Adopted with less than 14 days written notice and it was not a genuine emergency.
- The notice did not state the purpose.
- The money is spent on something other than the stated repair.
- You were blocked from attending, speaking, or recording.
- The math is wrong, or interest and fees exceed the caps (18 percent interest if the declaration is silent; late fee up to the greater of $25 or 5 percent).
Step by step
- Get the notice, minutes, and supporting documents (bids, engineer's report, resolution) with a records request (/documents/records-inspection-request). Since HB 1021, invoices and receipts are official records too.
- Check the 14-day notice and the stated purpose.
- Pay under protest. Note "paid under protest" so you stay current and cannot be liened while you challenge.
- Object in writing if the notice was short, the purpose vague, or the funds misdirected, citing 718.112(2)(c).
- Escalate. File DBPR complaint form 33-032 (/documents/dbpr-complaint-guide), or use arbitration or mediation under 718.1255.
- Get an attorney if the assessment is very large or tied to a lien or foreclosure threat.
What you can do next
Request the notice, minutes, and supporting bids with a records request (/documents/records-inspection-request), verify the 14-day notice and stated purpose, and pay under protest to protect your unit. If it was improperly noticed or the funds misdirected, file DBPR form 33-032 (/documents/dbpr-complaint-guide).