Miami Condo Special Assessment and SIRS Disputes

Florida amended its condominium safety laws in 2022, 2023, 2024 and 2025, and unit owners are bearing much of the cost. Structural integrity reserve studies (SIRS) and milestone inspections now drive special assessments and larger reserve budgets in many South Florida buildings. Many of those decisions are lawful. Others are open to challenge, often because of defects in notice or procedure, or because the numbers do not match the reports. Reiser Law, P.C. represents unit owners who want to challenge an assessment or negotiate its terms, before or after the board votes.

How the SIRS and milestone inspection rules work

A residential condominium association must have a SIRS completed at least every 10 years for each building three habitable stories or higher. The study covers the roof, the structure, fireproofing and fire protection systems, plumbing, electrical systems, waterproofing and exterior painting, and windows and exterior doors, plus other high-cost items whose failure would affect those components. Fla. Stat. § 718.112(2)(g) (2026). Owner-controlled associations that existed on or before July 1, 2022 had until December 31, 2025 to complete the first study. Id.

Milestone inspections are a separate requirement. A condominium building three habitable stories or more must be inspected by December 31 of the year it reaches 30 years of age, or 25 years where the local enforcement agency requires it because of conditions such as proximity to salt water, and every 10 years after that. Fla. Stat. § 553.899 (2026). If phase one finds substantial structural deterioration, a phase two inspection follows, and repairs for that deterioration must begin within 365 days after the phase two report is received. Id.

Reserve funding rules behind the assessments

For budgets adopted on or after December 31, 2024, owners in an association that must obtain a SIRS can no longer vote to waive or reduce reserves for the SIRS items. Fla. Stat. § 718.112(2)(f)2. (2026). Those reserves may be funded by regular assessments, special assessments, lines of credit or loans, and a special assessment, line of credit or loan under that provision requires approval by a majority of the total voting interests. Id. For budgets adopted on or before December 31, 2028, if the association completed a milestone inspection within the previous two calendar years, the board may, with the same majority approval, pause or reduce reserve contributions for up to two consecutive annual budgets to pay for repairs the inspection recommended. Id.

Notice, purpose and use of funds

Before a board votes on a nonemergency special assessment, written notice of the meeting must be sent to owners and posted conspicuously on the property at least 14 days in advance. Fla. Stat. § 718.112(2)(c)1. (2026). The notice must state that assessments will be considered and give their estimated cost and a description of their purposes. § 718.112(2)(c)3. The money collected may be used only for the specific purpose stated in the written notice of the assessment, and any excess becomes common surplus. Fla. Stat. § 718.116(10) (2026).

What we do for unit owners

We start with the declaration, board minutes, meeting notices, the SIRS and the milestone reports. The SIRS and milestone reports are official records that owners have the right to inspect, as our article on Florida condo records inspection rights explains.

We check each assessment against the version of the statute in effect when it was adopted. A notice may have been late or silent on cost. An assessment may have required an owner vote that never happened. Funds may be going to work the notice never described, or reserve line items may not match the study. We raise those issues with the board and its counsel and negotiate scope and payment terms. If that fails, we litigate in Florida state court.

Forum comes early. Florida's mandatory nonbinding arbitration statute for condominium disputes covers claims such as inadequate notice of meetings, but it excludes disagreements that primarily involve the levy of a fee or assessment. Fla. Stat. § 718.1255(1) (2026). A dispute can involve both, so we settle the forum before filing.

From our office at 1000 Brickell Ave, Suite 1100, we represent owners throughout South Florida, including Miami-Dade, Broward and Palm Beach counties. See also Miami business litigation and our litigation practice areas.

Questions clients ask

Can a Florida condo association still waive SIRS reserves?

Generally no, for budgets adopted on or after December 31, 2024. The statute allows a limited pause after a recent milestone inspection, for budgets adopted through December 31, 2028, and a narrow multicondominium exception.

How much notice do owners get before a special assessment vote?

For a nonemergency special assessment, at least 14 days' written notice, stating the estimated cost and purposes.

Can the association spend special assessment money on something else?

No. The funds may be used only for the purpose stated in the notice of the assessment.

Does a special assessment dispute have to go to state arbitration first?

Not if it primarily involves the levy of an assessment, which the statute excludes. Related claims, such as defective meeting notice, may be covered.

Talk to us

If your association has adopted or proposed a special assessment or a reserve increase, call (305) 726-2003 or email Matthew W. Reiser at matthew@reiserlaw.com. Spanish-speaking owners can read this page en español or write to Isabella Martinez at isabella@reiserlaw.com. Our contact page is another option.

Attorney advertising. Prior results do not guarantee a similar outcome.

Contacting us does not create an attorney-client relationship. Please do not send confidential information until we have confirmed there is no conflict and agreed to represent you.