Paying for the Board’s Judgment Call? Where Florida Law Draws the Line on Sarasota Condo Special Assessments

Across the Gulf Coast, aging buildings, new structural reserve mandates, and storm repairs have pushed condo costs sharply upward, and many owners are opening five-figure special assessment bills. Our Sarasota homeowners’ association dispute attorneys hear the same question constantly: can the board really do this?

Usually, yes. But the power to assess comes with conditions, and those conditions are where owners find their leverage.

Why Courts Tend to Side With the Board

The starting point is the business judgment rule. Under Florida Statute 718.111(1)(a), condo directors owe unit owners a fiduciary duty, and when they act within their authority and in good faith, courts are reluctant to second-guess them. A judge will not throw out an assessment because owners believe the balconies could wait another year or a cheaper contractor was available.

A challenge built on disagreement alone rarely goes anywhere. But the rule protects decisions, not shortcuts.

Where the Deference Runs Out

Chapter 718 sets out specific procedures, and a board that skips them gives up much of its protection. Grounds that can support a challenge include:

• Short or missing notice. Under Florida Statute 718.112(2)(c)1, notice of a board meeting where a nonemergency special assessment will be considered must be mailed, delivered, or electronically sent and posted on the property at least 14 days in advance.
• A vague agenda. Section 718.112(2)(c)3 requires the notice to say that assessments will be considered and to describe their estimated cost and purpose.
• Money spent on something else. Florida Statute 718.116(10) limits special assessment funds to the specific purpose stated in the notice. Any excess becomes common surplus that must be returned or credited to owners.
• No owner vote when one is required. In buildings subject to structural integrity reserve study rules, Section 718.112(2)(f)2.c. requires a majority of all voting interests to approve a special assessment funding those structural reserves.
• Limits in the governing documents. A declaration or bylaws that cap assessments or require membership approval bind the board.
• Conflicts of interest, such as a repair contract steered to a company tied to a director.

Pay First, Then Fight Strategically

Withholding payment is the most tempting response and often the most expensive one. Section 718.116(2) says an owner cannot avoid assessments by giving up use of the common elements, and unpaid amounts can accrue interest, late fees, and a lien that the association can foreclose. Paying under a written reservation of rights while building the case is often smarter.

Two practical tools help. First, request the association’s official records under Section 718.111(12), including meeting notices, affidavits, bids, and engineering reports. Second, send a written inquiry to the board by certified mail. Under Section 718.112(2)(a)2, the board must give a substantive response within 30 days, and failing to do so can prevent the association from recovering its attorney fees in later litigation over the issue.

Talk to Sarasota Condominium Association Dispute Lawyers Before the Deadline Passes

Sound business decision or costly procedural misstep? The answer is usually in the paperwork. Bring us the assessment notice, your declaration and bylaws, and any meeting minutes you have. At Suncoast Civil Law, we will review whether the board followed Chapter 718, explain whether a challenge is worth pursuing, and help you protect your unit while the dispute is resolved. Call our Sarasota office or reach out online to schedule a consultation.

Source:
flsenate.gov/Laws/Statutes/2025/718.111