Condo fees in Florida are the assessments every unit owner pays to fund the association’s operating costs and reserve accounts, set annually by the board under Chapter 718 of the Florida Statutes. Your share is fixed by the ownership percentage in the declaration, and the obligation is legally enforceable: if you don’t pay, the association can add interest and late fees, record a lien on your unit, and ultimately foreclose. Since the 2021 Surfside collapse, the rules on reserve funding have tightened significantly, and many owners in older buildings have watched their fees climb hard as a result.
What Your Regular Assessment Pays For
Regular assessments are the recurring fees, usually billed monthly or quarterly, that cover the day-to-day cost of running the building: landscaping, elevator maintenance, hallway lighting, pool upkeep, master property insurance, and professional management. They also fund the reserve accounts the association is required to maintain for future capital repairs.
Your individual share is based on the percentage of ownership set out in the condominium’s declaration, which in most residential buildings tracks each unit’s proportional interest in the common elements.1Online Sunshine. Florida Statutes 718.115 – Common Expenses and Common Surplus A larger unit pays more than a smaller one. Because the percentages are locked into the declaration, the board can’t shift a disproportionate share of costs onto specific owners.
The board prepares the annual budget and must adopt it at least 14 days before the fiscal year begins. Owners get written notice of the budget meeting and a copy of the proposed budget in advance. You can attend and ask questions, but you don’t vote directly on the budget. There is a limited safeguard when assessments rise above 115 percent of the prior year’s total, but the calculation excludes insurance premiums, required reserves, and non-recurring repairs — the very items that drive most large increases — so the trigger rarely fires in practice.2Justia Law. Florida Statutes 718.112 – Bylaws
Reserves and Why Fees Have Jumped
Every condo budget must include reserve accounts for future major work. At minimum, reserves must cover roof replacement, building painting, pavement resurfacing, and any other item with a replacement or deferred maintenance cost above $25,000 (adjusted annually for inflation). The amount set aside for each item is calculated from its estimated remaining useful life and estimated replacement cost.2Justia Law. Florida Statutes 718.112 – Bylaws
After Surfside, Florida added a separate requirement for residential buildings three stories or higher: a Structural Integrity Reserve Study, or SIRS, completed at least every 10 years. The SIRS examines specific structural components and sets a required funding amount for each:
- Roof
- Load-bearing walls and other primary structural systems
- Fireproofing and fire protection systems
- Plumbing
- Electrical systems
- Waterproofing and exterior painting
- Windows and exterior doors
- Any other item over $10,000 whose failure would affect structural integrity
Here is the change that hits owners hardest. For associations required to complete a SIRS, owners can no longer vote to waive or reduce funding for structural reserves. That prohibition took effect for budgets adopted after December 31, 2024.2Justia Law. Florida Statutes 718.112 – Bylaws Before the change, associations routinely voted to skip or reduce reserve contributions to keep fees low. That option is gone for structural items. For non-structural reserves like painting and pavement, a majority of all voting interests can still vote to reduce or waive funding.
The practical result: many condo associations, especially aging high-rises, have raised fees sharply to fund reserves that went neglected for years. If you’re buying into a SIRS building, ask to see the most recent study and the current reserve funding level before you close.
Special Assessments
Special assessments are one-time charges for expenses the annual budget didn’t cover: hurricane damage, unexpected concrete deterioration, a reserve shortfall for a major project. On older buildings doing structural work, five-figure special assessments are not unusual.
For any non-emergency special assessment, the association must give all owners written notice at least 14 days before the meeting where it will be considered, describing the purpose and estimated cost.3Florida Senate. Florida Statutes 718.112 – Bylaws Whether the assessment requires an owner vote or just board approval depends on the association’s governing documents. Genuine emergencies can bypass some procedural steps, but the bar for what qualifies is high.
Before You Buy: Estoppel Certificates and Disclosures
Pending or recently approved special assessments are the kind of surprise that can blow up a buyer’s budget. Florida’s disclosure rules exist to prevent that, and the key document is the estoppel certificate.
An estoppel certificate tells a buyer exactly what a specific unit owes: the current assessment amount, payment frequency, past-due balances, upcoming special assessments, open rule violations, and whether the board must approve the transfer.4Justia Law. Florida Statutes 718.116 – Assessments; Liability; Lien and Priority; Interest; Collection The association must issue the certificate within 10 business days of a written request. One delivered electronically or by hand is valid for 30 days; one sent by regular mail is valid for 35 days.
The fee is capped at $250 if no delinquent amounts are owed. If the unit is delinquent, the association can charge up to $150 more. Expedited delivery within three business days adds another $100.4Justia Law. Florida Statutes 718.116 – Assessments; Liability; Lien and Priority; Interest; Collection Don’t skip this step. A new owner is jointly liable with the previous owner for unpaid assessments that came due before title transferred, so the estoppel certificate is your proof of what’s owed.
On a resale, the buyer is also entitled at the seller’s expense to current copies of the association’s annual financial statement, annual budget, most recent SIRS (or a statement that none has been completed), and any milestone inspection report.5Justia Law. Florida Statutes 718.503 – Developer Disclosure Prior to Sale These are your best window into whether the association is financially healthy or heading toward a major special assessment.
What Happens If You Don’t Pay
Falling behind on assessments sets off an escalating process that can cost you the unit. The association doesn’t need to sue first for the financial penalties to start running.
Interest and Late Fees
Unpaid assessments accrue interest from the due date at the rate stated in the declaration. If the declaration is silent, the default is 18 percent per year. On top of interest, the association can charge a late fee of up to the greater of $25 or 5 percent of each overdue installment, if the declaration or bylaws authorize it.4Justia Law. Florida Statutes 718.116 – Assessments; Liability; Lien and Priority; Interest; Collection These charges add up fast. A $500 monthly assessment three months past due can generate several hundred dollars in fees and interest before any formal legal notice.
Notice of Intent to Lien
Before recording a lien, the association must send a written notice of intent to lien by certified or registered mail and separately by first-class mail. The notice itemizes what you owe, including maintenance, late fees, interest, and mailing costs, and gives you 45 days from delivery to pay in full.6Online Sunshine. Florida Statutes 718.121 – Liens Pay everything within that window and no lien is filed. Miss it and the association can record a claim of lien in the county’s public records.
Lien and Foreclosure
Once a lien is recorded, the association has one year to sue to enforce it or the lien expires. The association can foreclose the same way a mortgage lender would, and it can pursue a separate money judgment for the unpaid amount without giving up the lien. Before a foreclosure judgment is entered, the association must give you another 45-day written notice of its intent to foreclose.4Justia Law. Florida Statutes 718.116 – Assessments; Liability; Lien and Priority; Interest; Collection You’re also liable for the association’s reasonable attorney fees in either action.
One detail matters at foreclosure sales: if a first mortgage lender takes title through foreclosure or a deed in lieu, its liability for unpaid pre-acquisition assessments is capped at the lesser of 12 months of past-due assessments or 1 percent of the original mortgage balance.4Justia Law. Florida Statutes 718.116 – Assessments; Liability; Lien and Priority; Interest; Collection Any remaining balance is effectively the association’s loss, which is why associations push hard to collect before things reach that stage.
If You Think the Fees Are Wrong
If you suspect fees are being mishandled, you have the right to inspect nearly all of the association’s financial records: itemized receipts and expenditures, bank statements, individual unit account statements, audits, reserve studies, and contracts for work to be performed.7Justia Law. Florida Statutes 718.111 – The Association You can send an accountant, an attorney, or another representative in your place.
Put the request in writing. The association has 10 working days to give you access. If it doesn’t, the law presumes the refusal was willful, and you’re entitled to minimum damages of $50 per calendar day starting on the 11th working day, up to 10 days. Attorney fees are recoverable if you have to go to court to enforce access.7Justia Law. Florida Statutes 718.111 – The Association
One boundary to know. Florida requires pre-suit mediation or arbitration through the Division of Condominiums for many condo disputes, but disputes over the levy or collection of assessments are specifically excluded. If your fight is about whether an assessment was properly calculated or whether the association followed the correct procedure to impose it, you go directly to court. For other disputes with the association, such as maintenance failures, rule enforcement, or records access, you must first either petition the Division for nonbinding arbitration (a $50 filing fee) or start pre-suit mediation, after giving the association written notice of the dispute and a chance to fix it.8Justia Law. Florida Statutes 718.1255 – Alternative Dispute Resolution; Voluntary Mediation; Mandatory Nonbinding Arbitration Skipping those steps gets the case dismissed.