Unexpected Snowbirds: Buying a Florida Condo — Then Facing a Special Assessment (and What to Do About It)

Buying a condo in Broward County looked like a dream: winter sunshine, low maintenance, and a community lifestyle. Then — surprise — your new condo association hits owners with a special assessment for major repairs, reserve shortfalls, or emergency work. If you’re an unexpected snowbird (part-time resident, out-of-state buyer, or investor who only visits seasonally), a sudden six-figure assessment can be a financial and logistical shock.

This post explains the types of assessments, the statutory requirements Florida associations must follow before levying them, recent market forces driving assessments (important for Broward County buyers), and practical steps — including how a Broward County foreclosure-defense / condo-owner lawyer can protect you if an assessment spirals into collections or foreclosure.

What is a “special assessment” under Florida law?
Under Florida law a special assessment is any assessment levied against a unit owner other than the assessment required by the annual budget — in short, a charge outside the regular monthly/quarterly condo fees. See Chapter 718, Florida Statutes (the Condominium Act).

Special assessments are legally recognized and common — but they’re not unlimited. The statute and your association’s governing documents together control when and how they can be imposed.

Common types of assessments you may see (and why they happen)
1. Operating (regular) assessments— the usual monthly/quarterly dues included in the budget.
2. Special assessments for capital repairs — major structural work (concrete restoration, roof replacement, elevator modernization, waterproofing).
3. Reserve-fund shortfall assessments— when reserves are inadequate for foreseeable major repairs.
4. Emergency assessments— immediate work needed for safety (e.g., structural danger, post-storm stabilization).
5. Insurance deductible assessments — after an insurance payment, the association may bill owners for the portion not covered (deductibles).
6. Owner-responsibility assessments — costs charged to a particular owner for damage they (or their tenant/guest) caused.

Recent building-safety laws following the Surfside tragedy have driven a wave of new assessments throughout South Florida, especially in Broward County.

What Florida law requires before an association can invoke a special assessment?

– Notice of meetings: Owners must receive at least 14 days’ notice before the meeting where the assessment will be considered (§718.112(2)(c), Fla. Stat.).
– Board authority vs. owner approval: Your governing documents determine whether the board alone can levy an assessment or whether member approval is required (§718.112(2)(f)).
– Proper purpose and documentation: The assessment must be for legitimate common expenses.
– Collection and foreclosure: If unpaid, associations can record a lien and foreclose under §718.116.

Practical checklist for an unexpected snowbird who just received a special assessment notice

1. Investigate and review the building s financial health, reserves and other information  before you buy as well as read the notice and governing documents.
2. Ask for supporting documents (engineer’s report, reserve study, contracts, minutes).
3. Confirm whether proper notice and approval occurred.
4. Verify disclosure if you recently purchased.
5. Negotiate payment options.
6. If you’ve been sued, consult a foreclosure-defense attorney promptly.

When special assessments lead to collections and foreclosure — how a lawyer helps
A foreclosure-defense lawyer who represents condo owners can:
– Audit the assessment for errors or statutory defects.
– Negotiate payment plans or settlements.
– Challenge improper assessments in court.
– Defend foreclosure actions.

Why Broward County buyers should care
Broward County’s aging condo stock and new safety mandates are causing more special assessments than ever. Buyers in Fort Lauderdale, Hollywood, and Pompano Beach should review inspection reports, reserve studies, and milestone-inspection schedules before buying.

Immediate steps if you’re facing a large assessment
1. Don’t ignore the notice.
2. Request all supporting documentation.
3. Contact a Broward County foreclosure-defense and condo-law attorney.
4. Explore payment or legal relief options.

Legal Representation is our business
A Broward County foreclosure-defense lawyer can:
– Represent unit owners (not associations).
– Interpret Chapter 718 compliance.
– Negotiate payment plans or defend foreclosure.
– File suit to stop improper assessments.

For experienced legal help, contact a Broward County foreclosure-defense lawyer Andrew Pascale who represents condo owners facing special assessments. Local counsel can help you protect your rights, challenge improper assessments, and avoid losing your home or investment.  Call my law firm now at 877-667-1211.  Law Offices of Andrew J. Pascale, P.A., Florida Foreclosure Defense Law Firm, P.A.

Relevant legal citations
– Fla. Stat. §718.112(2)(c) — notice for assessment meetings
– Fla. Stat. §718.112(2)(f) — reserve funding and owner approval
– Fla. Stat. §718.116 — collection, lien, and foreclosure rights
– Fla. Stat. §718.103 — definitions