Florida HOA Special Assessment Limits: Chapter 720 & 718 Rules

Florida’s HOA and condo assessment rules are among the most active in the country — especially since the post-Surfside reforms reshaped condo reserve requirements. Here’s how special assessments work under Florida law.

General information, not legal advice. Florida law changes frequently. Confirm the current statute and your governing documents with a Florida community-association attorney.

HOAs vs. condos: different statutes

Florida regulates HOAs and condos under separate chapters:

	HOAs	Condos
Statute	Chapter 720 (Homeowners’ Association Act)	Chapter 718 (Condominium Act)
Assessment authority	Board, unless CC&Rs require a vote	Board, unless declaration requires a vote
Reserve waiver	Members can still vote to waive/reduce (for non-structural)	No longer allowed for structural components after 2026 reforms
Lien and foreclosure	Yes — Chapter 720 lien process	Yes — Chapter 718 lien process

The distinction matters because the 2026 reserve mandate applies to condos, not single-family HOAs.

Board authority to levy special assessments

HOAs (Chapter 720). The statute does not impose a specific threshold or member-vote requirement for special assessments. The board’s authority comes from the governing documents — most CC&Rs either:

• Grant the board full assessment authority, or
• Require a member vote above a certain dollar amount or percentage of the annual budget

If your documents are silent on the question, the board generally has the power to levy assessments as needed. Always read your specific CC&Rs and bylaws.

Condos (Chapter 718). Similar to HOAs, the board’s assessment authority flows from the declaration. However, the 2026 reforms add a critical layer: associations must fund reserves for structural components and cannot waive that requirement by member vote. This means many condo boards are now required to levy assessments or raise dues to meet reserve-funding targets they previously deferred.

The 2026 condo reserve mandate

After the Champlain Towers collapse in Surfside (2021), Florida enacted reforms requiring condo associations to:

• Complete structural inspections (milestone inspections at 25 or 30 years)
• Conduct a Structural Integrity Reserve Study (SIRS) identifying reserve needs for structural components
• Fully fund reserves for those components — no more waiving reserves by member vote

For communities that had been waiving reserves for years or decades, the catch-up is producing some of the largest special assessments in Florida history — from tens of thousands to over $100,000 per unit in some buildings.

A 2025 law, HB 913, now lets some associations pause reserve funding for two years to absorb that catch-up — see Florida’s condo reserve fund relief for who qualifies and what the pause costs you.

See our full guide: Florida condo laws 2026.

Notice requirements

Florida law requires advance written notice before the board can levy a special assessment:

• HOAs: The board must provide notice of the meeting at which the assessment will be considered. Members have the right to attend.
• Condos: Similar notice requirements apply, and the declaration may add further procedural steps.

The specifics of how much notice and in what form depend on the statute and your governing documents. Chapter 720 generally requires 14 days’ notice for board meetings where assessments are on the agenda.

What if you can’t afford it?

Florida law does not mandate payment plans for special assessments the way California does, but many associations offer them voluntarily — especially for large assessments. Options include:

• Negotiated payment plan with the association (before the due date)
• Association loan — some boards finance the assessment with a bank loan and spread the repayment over several years as part of regular dues
• Personal financing — home equity line, personal loan, or credit line
• Hardship exemption — rare, but some associations have hardship policies

The worst option is simply not paying. Florida associations can and do foreclose for unpaid assessments.

Liens and foreclosure

Unpaid special assessments in Florida follow a serious escalation path:

1. Late fees and interest — per the governing documents and statute
2. Demand letter — often from the association’s attorney
3. Lien — the association records a claim of lien against the property
4. Foreclosure — after statutory notice and the right to cure, the association can foreclose on the lien

Florida allows both judicial foreclosure (through the courts) and, for some associations, expedited lien foreclosure procedures. The specifics differ between Chapter 720 and Chapter 718. In either case, the owner faces the potential loss of their property.

State-specific tax treatment

Special assessments on a primary residence in Florida are generally not tax deductible. On a rental property, the repair-vs-improvement distinction controls whether the assessment is deductible or must be capitalized. See are HOA fees tax deductible.

Bottom line

Florida gives HOA and condo boards broad authority to levy special assessments, and the 2026 condo reforms have made proactive reserve funding mandatory. Know your governing documents, attend budget meetings, and review the reserve study. If an assessment comes, act early — negotiate a payment plan before the deadline passes, because the consequences of non-payment in Florida are severe.