Your Florida condo board can levy a special assessment for an unexpected or major expense, but it has to follow the rules: proper notice, a stated purpose, and the money can only be spent on that purpose. You must pay (special assessments are mandatory), but you have the right to a legitimate, well-noticed assessment, and you can pay under protest while you challenge one you believe is improper.

The core rules are in Florida Statute 718.112 and 718.116.

What a special assessment is

A special assessment is a charge on top of your regular dues, levied for a specific need the regular budget does not cover, like a roof replacement, hurricane repairs, or funding structural reserves after a SIRS reveals a shortfall. Since the 2024 reforms barred waiving structural reserves (for budgets on or after December 31, 2024), special assessments to catch up on long-underfunded reserves have become common, and lawful.

The notice rule

Under 718.112(2)(c), a meeting to consider a non-emergency special assessment requires at least 14 days written notice to the owners, plus posting on the property. The notice must state that a special assessment will be considered and describe its purpose. You have the right to attend that meeting and to speak on the item.

Two more limits protect you:

  • Purpose lock. Money collected for a special assessment can be used only for the stated purpose (or returned to owners if there is a surplus). Money raised for a roof cannot be spent on landscaping.
  • Recording, attendance, speech. As with any board meeting, you can attend, speak on the agenda item, and record the meeting.

How to tell if the board broke the rules

  • The special assessment was adopted with less than 14 days written notice (and it was not a true emergency).
  • The notice did not state the purpose.
  • The funds are being spent on something other than the stated purpose.
  • You were blocked from attending, speaking, or recording the meeting.

An emergency can justify shorter notice, but the board must later ratify the action at a properly noticed meeting, and "emergency" cannot be a cover for routine spending.

You still have to pay

Special assessments are mandatory. You cannot withhold them because you disagree. If you do, the association can add interest (up to the declaration's rate, or 18 percent if silent), a late fee (up to the greater of $25 or 5 percent), and eventually lien and foreclose. So the right move is to pay under protest and challenge the assessment separately, which keeps the association's lien powers out of your dispute.

Step by step

  1. Get the notice and the minutes. Request the meeting notice, the agenda, and the minutes with a records request (/documents/records-inspection-request). Check the 14 days and the stated purpose.
  2. Ask what it funds. Request the bids, invoices, and the resolution authorizing the assessment (all official records since HB 1021).
  3. Pay under protest. Note "paid under protest" in writing so you stay current while you challenge.
  4. Object in writing if notice was short or the purpose is vague or shifting, and cite 718.112(2)(c).
  5. Escalate to DBPR. Special assessments are a financial matter within DBPR's post-turnover jurisdiction; file complaint form 33-032 (/documents/dbpr-complaint-guide). A dispute can also go to nonbinding arbitration or mediation under 718.1255.
  6. Get an attorney if the assessment is very large or tied to a lien or foreclosure threat.

What you can do next

Pull the meeting notice and minutes with a records request (/documents/records-inspection-request) to check the 14-day notice and the stated purpose, pay under protest to protect your unit, and if the assessment was improperly noticed or misspent, file DBPR form 33-032 (/documents/dbpr-complaint-guide).