Challenging a Florida Condo Special Assessment After a Structural Integrity Reserve Study
By Matthew W. Reiser | Last reviewed September 30, 2026
Florida condominium owners can challenge a special assessment when the association skipped the procedures the Condominium Act requires, used the wrong approval process, or is spending the money on something other than the stated purpose. Owners generally cannot avoid paying for necessary structural repairs and reserves, but the statute gives them real leverage over how the association gets there.
What a structural integrity reserve study is
A residential condominium association must have a structural integrity reserve study, or SIRS, completed at least every 10 years for each building that is three habitable stories or higher. Fla. Stat. § 718.112(2)(g)1. The study must cover, at a minimum, the roof, structure, fireproofing and fire protection systems, plumbing, electrical systems, waterproofing and exterior painting, windows and exterior doors, and other high-cost items that affect them. Id. The study is based on a visual inspection and must be performed or verified by a licensed engineer or architect or a certified reserve specialist or professional reserve analyst. Id. § 718.112(2)(g)2.-3.
Once an association is required to have a SIRS, its budget must maintain reserves for the items the study identifies, in amounts based on the study's findings and recommendations. Id. § 718.112(2)(f). That requirement is what drives many of the large assessments owners are now seeing.
Notice requirements for assessments
Notice of any board meeting at which a nonemergency special assessment will be considered must be mailed, delivered or electronically transmitted to unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. Fla. Stat. § 718.112(2)(c). The notice must specifically state that assessments will be considered and provide the estimated cost and a description of the purposes. Id. § 718.112(2)(c)3.
After a special assessment is approved, the association must send each owner a written notice stating its specific purpose or purposes, and the money collected may be used only for those purposes. Fla. Stat. § 718.116(10).
Owner approval for certain SIRS funding
The statute allows reserves for SIRS items to be funded through regular assessments, special assessments, lines of credit or loans, but a special assessment, line of credit or loan used for that purpose requires approval by a majority vote of the total voting interests of the association. Fla. Stat. § 718.112(2)(f)2.c.(I). Whether a particular assessment falls within that provision, or is a board-levied assessment for repairs, is often the central question in a dispute.
Common grounds for a challenge
- The meeting notice was late, was not posted, or did not state the estimated cost and purpose.
- The assessment funds SIRS reserves but was never approved by the required owner vote.
- The written notice of the assessment does not state its specific purpose, or funds are being spent on something else.
- The SIRS was not performed or verified by a qualified professional, or the assessment exceeds what the study supports.
- The board failed to provide records owners requested about the study, bids or contracts. Our article on Florida condo records inspection rights explains those rights.
Options besides a lawsuit
Owners often have more leverage before an assessment is levied than after. Attending the meeting, requesting the SIRS and the bids, and organizing other owners to vote on funding alternatives can change the outcome. If litigation becomes necessary, the remedy may be to invalidate a defective assessment and require the association to start over properly, or to recover funds spent outside the stated purpose.
Do not simply stop paying an assessment you believe is improper. Unpaid assessments can lead to liens, late charges and collection proceedings, even while a challenge is pending.
How we handle these disputes
Homeowners' associations are governed by a different statute, Chapter 720 of the Florida Statutes. See our page on Florida HOA disputes.
Reiser Law represents unit owners and associations in condominium disputes in Miami-Dade, Broward and Palm Beach counties. Read more about Miami condo special assessment and SIRS disputes or contact our Miami office. Isabella Martinez atiende a clientes en español.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. The law changes, and its application depends on the facts of each case. Attorney advertising. The Condominium Act has been amended repeatedly since 2022; confirm the current statute before relying on any provision.