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Select your role and situation above
We'll show you what Florida's updated laws say and what your options are — including the major changes that hit Pinellas County hardest.
🏠 Resident / Owner
Florida Statute § 718.116 · § 720.308
Special assessments must follow a specific notice and approval process — and you have the right to understand exactly what you're paying for.
Florida law requires the board to provide proper notice before imposing a special assessment, hold a meeting where residents can be heard, and clearly identify the purpose of the assessment. For condominiums, special assessments that exceed certain amounts may require a membership vote. You have the right to review all financial records related to the assessment.
Read Florida Statute § 718.116 →
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What You Have the Right to Know
- The specific purpose of the assessment — what project or repair is it funding?
- The total cost of the project and how it was determined
- Whether bids were obtained and from how many contractors
- Whether the reserve fund was considered before levying the assessment
- The payment schedule and due dates
- What happens if you don't pay — timeline to lien
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What the Board Must Do
- Provide written notice of the special assessment meeting
- Hold a meeting where residents can ask questions
- Clearly state the purpose and amount of the assessment
- For large assessments — check if a membership vote is required
- Provide a written payment schedule to all owners
- Allow owners to review all related financial records
Questions to Ask the Board in Writing
- Was the reserve fund considered before this assessment was levied?
- How many contractor bids were obtained?
- Was this assessment properly approved at a noticed board meeting?
- Does this assessment require a membership vote under our documents?
- What is the payment plan if I cannot pay the full amount at once?
This is general legal information, not legal advice. Do not withhold payment of a special assessment while disputing it — non-payment can result in a lien on your unit regardless of the dispute. Dispute the assessment through proper channels while making payments.
🏠 Resident / Owner
Florida Statute § 718.112(2)(f) — As Amended by SB 4D (2022) and SB 154 (2023)
Florida law now requires condominiums to maintain fully funded reserves — and waiving them is no longer simply a membership vote away.
Following the 2021 Surfside collapse, Florida dramatically changed its reserve funding requirements. Condominiums of 3 stories or more are now required to conduct structural integrity reserve studies and fund reserves based on those studies. The ability to waive or reduce reserves — previously a common membership vote — has been significantly restricted for structural components.
Read Florida Statute § 718.112 →
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What Every Florida Condo Owner Should Know About Reserves
- Reserves are funds set aside now to pay for future major repairs — roof, elevators, structural components, pools
- Underfunded reserves mean future special assessments — often large ones
- You have the right to see the reserve study and current reserve fund balances
- Ask what percentage of full funding the reserves are currently at
- A reserve study should be updated every 10 years at minimum — every 5 for structural components under new law
- When buying a condo, the reserve funding level is one of the most important financial factors to evaluate
- Low reserves + aging coastal building = high risk of large special assessments
Pinellas County specific: Coastal buildings in Pinellas County face accelerated wear from salt air, humidity, and storm exposure. Reserves that might be adequate for an inland building often fall short for coastal properties. If your building is older and coastal, ask for the most recent reserve study and structural inspection report.
This is general legal information, not legal advice. Reserve funding is a complex financial topic. Before purchasing a Florida condo, have a real estate attorney or financial advisor review the association's reserve study and financials.
🏠 Resident / Owner
Do not ignore this. Unpaid special assessments in Florida condominiums can result in a lien on your unit — and eventually foreclosure. Ignoring the situation does not make it go away. The options below are far better than inaction.
Your Real Options — In Order of Preference
1
Contact the board or management immediately — ask about a payment plan. Many Florida associations will work out a payment plan rather than pursue a lien. Request this in writing. A payment plan agreement protects both you and the association.
2
Check if the assessment can be financed through the association. Some Florida associations — especially after the Surfside law changes — are arranging association-level financing for structural repairs, which spreads the cost over time through increased monthly dues rather than a lump sum assessment.
3
Explore a personal home equity loan or line of credit. If you have equity in your unit, a home equity loan may provide lower-interest financing than an unpaid assessment accumulating penalties.
4
Research Florida hardship assistance programs. Some counties and municipalities offer programs for low-income homeowners facing large assessments. Contact Pinellas County Housing and Community Development for information on available programs.
5
Consult a Florida real estate attorney. If the assessment is very large and you truly cannot pay, an attorney can advise on your options — including whether selling the unit is advisable before a lien is filed.
This is general legal information, not legal advice. The timeline from non-payment to lien varies by association. Do not wait — contact the board immediately and get any payment arrangement in writing.
🏠 Resident / Owner
Florida SB 4D (2022) · SB 154 (2023) · Florida Statute § 718.112 · § 718.1255
Florida's new structural safety laws have fundamentally changed what condos must do — and what owners can expect to pay.
The Champlain Towers South collapse in Surfside in 2021 killed 98 people and triggered the most significant overhaul of Florida condo law in decades. The new laws require milestone inspections for older buildings, structural integrity reserve studies, and mandatory reserve funding for structural components — with significant deadlines that are now in effect.
Read Florida Statute § 718.112 →
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Key Requirements Under the New Law
- Milestone Inspections: Buildings 3+ stories must have a Phase 1 structural inspection by a licensed engineer by December 31, 2024 (if 30+ years old and within 3 miles of coast) or by December 31, 2025 (if 30+ years old elsewhere)
- Structural Integrity Reserve Studies: Required for all condo buildings 3+ stories — must be completed by December 31, 2024
- Mandatory Reserve Funding: Associations can no longer waive or reduce reserves for structural components — must fund based on the reserve study
- Turnover of Records: Developers must turn over structural engineering reports to associations
- Financial Reporting: Enhanced reporting requirements for reserve fund status
What This Means for Pinellas County Owners
- Coastal buildings hit the most stringent deadlines first — many Pinellas buildings were in the first wave
- Older buildings with historically underfunded reserves are now facing mandatory catch-up funding — meaning higher dues and assessments
- The "fix it later" and "keep fees low" arguments are no longer legally available for structural components
- Owners selling soon should disclose the reserve study results and any upcoming assessments to buyers
- Property values in buildings with serious structural issues or very low reserves are under pressure
This is general legal information, not legal advice. The post-Surfside laws are complex, still evolving, and have significant financial implications. Consult a Florida real estate or HOA attorney for guidance specific to your building and situation.
📋 Board Member
Florida Statute § 718.116 · § 720.308
Special assessments require proper notice, a properly noticed meeting, and clear communication of purpose — every time.
Florida law requires that special assessments be approved at a properly noticed board meeting where owners have the opportunity to attend and be heard. The purpose must be clearly stated. For condominiums, check your governing documents — some require a membership vote for assessments above a certain amount. Failure to follow proper procedure can invalidate the assessment.
Read Florida Statute § 718.116 →
The Correct Special Assessment Process
1
Determine if a membership vote is required. Review your governing documents. Some condo associations require a membership vote for assessments above a threshold amount. If required and skipped, the assessment can be challenged.
2
Provide proper written notice of the meeting. Florida law requires proper advance notice of any board meeting where a special assessment will be considered. Check your documents for the required notice period — typically 14 days minimum.
3
Hold the meeting and allow owner input. Owners must have the opportunity to be heard before the vote. Document attendance, discussion, and the vote in the official minutes.
4
Send written notice of the assessment to all owners. Include the purpose, total amount, each owner's share, due date(s), and payment options. Also include what happens for non-payment and the timeline to lien.
5
Consider offering a payment plan option proactively. Proactively offering a payment plan — with clear terms — reduces conflict, increases compliance, and demonstrates good faith. Far better than pursuing liens against residents who want to pay but can't pay all at once.
This is general legal information, not legal advice. For large or contentious special assessments, involve association counsel in the process before the meeting. Getting the procedure right upfront is far less expensive than defending a challenge afterward.
📋 Board Member
Florida Statute § 718.112(2)(f) · SB 4D (2022) · SB 154 (2023)
Waiving reserves for structural components is no longer an option — and non-compliance carries serious consequences.
Florida's 2022 and 2023 legislative changes eliminated the ability of condo associations to waive or reduce reserves for structural integrity components — including roof, load-bearing walls, floors, foundations, fire protection, plumbing, electrical systems, windows, and exterior doors. These reserves must now be funded based on a structural integrity reserve study conducted by a licensed engineer or architect.
Read Florida Statute § 718.112 →
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Board Compliance Checklist — Post-Surfside Requirements
- Milestone inspection completed by required deadline (Phase 1 by licensed engineer)
- Structural integrity reserve study completed by December 31, 2024
- Reserve study conducted by licensed engineer or architect — not just a property manager estimate
- Reserve funding based on study results — not waived for structural components
- Reserve study updated at least every 10 years (every 5 years after initial)
- Reserve fund status disclosed to all owners annually
- Any Phase 2 inspection requirements addressed if Phase 1 found concerns
Consequences of Non-Compliance
- Local building officials can order the building vacated
- Individual board members may face personal liability
- Association's insurance may be affected
- Property values in the building can decline significantly
- Ability to sell units may be impaired — lenders reviewing reserve status
This is general legal information, not legal advice. Post-Surfside compliance is one of the most important and urgent issues for Florida condo boards. Consult association counsel and a licensed structural engineer immediately if your building has not yet completed the required inspections and reserve study.
📋 Board Member
The board's challenge: The association needs the funds to make critical repairs. Individual owners may genuinely not be able to pay. Both things can be true simultaneously — and the board must navigate both fairly and legally.
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Tools Available to the Board
- Offer a formal written payment plan option to all owners proactively
- Explore association-level financing — spreading costs over time through dues
- Consider phasing large projects to reduce per-owner impact in any single year
- Connect struggling owners with county hardship assistance programs
- Work with association counsel on lien timing — liens are a last resort, not a first response
What the Board Cannot Do
- Waive structural reserve requirements due to owner hardship — the law no longer allows this
- Delay mandatory safety repairs because assessments are unpopular
- Treat owners differently in enforcement — payment plans must be available equally to all
- Ignore non-payment indefinitely — the association has a fiduciary duty to collect
This is general legal information, not legal advice. Association financing, payment plan structures, and lien timing all have legal implications. Involve association counsel in developing your assessment collection and hardship policy.
📋 Board Member
Urgency notice: Several post-Surfside deadlines have already passed. If your association has not yet completed required milestone inspections and structural integrity reserve studies, you may be out of compliance with Florida law. Consult association counsel and a structural engineer immediately.
Immediate Board Action Items
1
Determine if your building is subject to the new requirements. The milestone inspection and structural reserve study requirements apply to condominiums of 3 stories or more. Most Pinellas coastal buildings meet this threshold.
2
Engage a licensed structural engineer for a milestone inspection if not yet done. Phase 1 inspections must be completed by a licensed engineer or architect. If Phase 1 finds concerns, Phase 2 (more detailed investigation) is required within 180 days.
3
Commission a structural integrity reserve study. This must be performed by a licensed engineer or architect — not a property manager or general contractor. The study determines required reserve funding levels for structural components.
4
Update your reserve funding to comply with the study results. The board can no longer vote to waive or reduce structural reserves. Budget adjustments — including assessment increases — may be necessary and legally required.
5
Communicate transparently with all owners. Owners deserve to understand what the law requires, what your building's inspection found, and what it will cost. Transparency builds trust even when the news is difficult.
This is general legal information, not legal advice. Post-Surfside compliance is the most legally consequential issue facing Florida condo boards today. Engage association counsel and a licensed structural engineer as your first two steps — not your last.