Florida HOA Special Assessment Rules (2026)
Fla. Stat. § 720.308 (HOA Act) / § 718.116 (Condo Act) / SB 4D (2022) · Last reviewed 2026
A special assessment is a one-time charge levied by an HOA board to cover an unexpected or deferred expense not covered by the operating budget or reserve fund. Below are the key rules that govern how Florida HOAs may levy special assessments and what rights homeowners have.
Key facts at a glance
Can levy without member vote
HOA boards (Ch. 720) may levy special assessments as authorized by the declaration. Condo boards (Ch. 718) may levy up to 3 months of the prior year budget per year without unit owner approval. SB 4D (2022) bans special assessments as a reserve workaround for condos 3+ stories built more than 30 years ago — those buildings must fully fund reserves.
Not required by statute
Trigger: Required for condo assessments exceeding 3 months of prior year budget (Ch. 718)
14 days
Advance written notice to members before assessment levy
Available
Emergency assessments may be levied to address safety threats. Post-Surfside, Florida significantly expanded the grounds for emergency assessments in aging condo buildings.
- HOA boards may levy special assessments as authorized by the declaration
- Condo boards may levy up to 3 months of prior year budget without unit owner vote
- SB 4D (2022): condos 3+ stories must fully fund reserves — no special assessment workarounds
- Milestone structural inspections required for aging condo buildings
- Boards face personal liability for deferring required structural repairs
HOA homeowners may request dispute resolution through the Florida Department of Business and Professional Regulation (DBPR). Condo unit owners have additional rights under Chapter 718 including access to financial records and the right to challenge assessments at a hearing.
SB 4D (2022) and SB 154 (2023) require milestone structural inspections for condominiums 3+ stories that are 30+ years old (25 years if within 3 miles of coastline). Buildings that fail inspection must complete repairs — funded by fully funded reserves, not deferred. Special assessments are prohibited as a substitute for reserve funding in covered buildings. Boards that defer required repairs face personal liability.
Florida condos in buildings 3+ stories face strict Fannie Mae and FHA scrutiny following the 2022–2023 legislation. Lenders require proof of completed structural inspections and funded reserves. Buildings with active large assessments may be ineligible for conforming loans.
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Start 14-Day Free TrialThis page provides general legal information only — not legal advice. HOA special assessment laws vary by community type (planned community, condominium, cooperative, etc.) and are subject to change. The information on this page is based on statutes in effect as of 2026 and may not reflect recent legislative changes. Always consult a licensed HOA attorney and review your governing documents before taking action.