Does a Condominium Have a 115% Cap on Increasing Assessments?

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Ferrer Law Group has a team of highly skilled and experienced Florida condo attorneys who can assist you with various condo association legal matters, including assessment disputes. In Florida, there is a provision in the Florida Statutes that addresses limitations on assessment increases for condominium associations. Understanding how much your assessment can increase is crucial for budgeting purposes.

What the Law Says

Florida law does not establish a specific percentage cap for condominium assessment increases. Instead, the ability of a condominium association to raise assessments is primarily governed by the association’s own declaration of condominium, bylaws, and the Florida Condominium Act (Chapter 718 of the Florida Statutes). Here are some key points regarding how Florida law addresses condominium assessments:

1. Annual Budgets and Assessments

The Florida Condominium Act requires associations to prepare and adopt an annual budget that details the estimated revenues and expenses for the year. This budget includes common expenses which are funded by assessments charged to unit owners.

While the budget and the corresponding assessments must be reasonable, and any increase in assessments must be justifiable by the needs reflected in the budget, Section 718.112(2)(e)(2) specifies that if assessments exceed 115% of those from the previous fiscal year and a challenge is made by the unit owners, a majority vote is required to approve the increase. However, this calculation excludes costs like insurance premiums, certain reserves, and other non-regular expenses.

2. Owner Approval for Certain Increases

Florida law requires owner approval for certain types of special assessments and for amendments to the association’s governing documents that would materially alter unit owner financial obligations. However, routine annual increases that follow the adopted budget typically do not require a specific vote from the owners unless stipulated by the association’s governing documents.

3. Notice Requirements

The Act requires the association to provide unit owners with detailed and advanced notice of any meeting where an assessment increase will be considered, allowing owners the opportunity to participate in the discussion and decision-making process.

4. Emergency Assessments

In cases of emergency, such as sudden structural failures or mandatory safety upgrades, the board may levy special assessments without the typical notice or owner approval requirements. These assessments must still be reasonable and necessary under the circumstances.

5. Limitations in Governing Documents

While the state law does not impose a specific cap, some condominium associations’ governing documents may include provisions that limit the percentage by which the board can increase regular assessments annually without requiring a larger consensus from the unit owners.

For those dealing with potential legal issues or uncertainties regarding assessment increases in their condominium association, consult with a knowledgeable Florida condo attorney who understands local regulations and can provide guidance specific to your situation.

What to Do if You Face a Significant Assessment Increase

If your condo association proposes an assessment increase exceeding 115%, and you believe it’s unreasonable, here are some steps you should take:

Step 1: Review the Budget

Examine the proposed budget carefully to understand the justification behind the increase. Look for specific areas where expenses have risen significantly compared to previous years.

Step 2: Engage with the Board

Attend condo board meetings to discuss and express your concerns about the proposed increase. This engagement allows you to directly address the issues with those responsible for the budget adjustments.

Step 3: Gather Support from Fellow Owners

Discuss the increase with other unit owners to gauge their feelings and gather support if they also share your concerns. A collective approach can often influence the board’s decisions more effectively.

Step 4: Seek Legal Advice


Consult a skilled Florida condo attorney from the Ferrer Law Group to review the assessment’s alignment with Florida condo law and explore your legal options. An attorney can provide unparalleled legal guidance on how to proceed, including whether to formally challenge the increase.

Step 5: Consider Formal Dispute Resolution


If direct engagement does not resolve the issue, consider formal dispute mechanisms such as mediation or arbitration. This step should be a last resort, pursued only if other efforts fail to yield a satisfactory resolution.

Get Help from Ferrer Law Group’s Experienced Florida Condo Attorneys

If you are grappling with issues related to condominium assessments or other aspects of condo governance, the Ferrer Law Group is here to assist. Our dedicated team understands the nuances of condominium law and is prepared to guide you through your legal journey. Don’t let legal uncertainties affect your property investment and peace of mind. Contact us today for professional legal support tailored to your needs.

Legal Disclaimer: The materials within this website are for informational purposes only. They are not legal advice and should not be used as such. Transmission of the information in this website is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet users and readers should not act upon this information and should seek professional legal counsel.