58Ce.Common.Elements

Florida budget guide

Raising assessments in Florida without losing the room

Nobody enjoys the meeting where the assessment goes up. What makes it survivable is showing the owners the same arithmetic the board saw, in the same order the board saw it, before anyone is asked to vote on anything.

Reviewed by the Common Elements editorial team, which includes a Florida-licensed community association manager (LCAM) and insurance broker, Florida Licensed Community Association Manager, 2-20 & 6-20.

Name the drivers before you name the number

Owners do not object to increases in the abstract. They object to increases that appear without explanation. Break the change into its components and put the components in the packet: insurance renewal, reserve contribution, contracted service escalations, utilities, and everything else. In most Florida communities the first two account for the overwhelming majority of the movement.

Show the prior-year actual next to the coming-year proposal for every line, not just the summary. A board that hides the detail is asking owners to trust a total, and owners who are being asked to pay more are exactly the audience least inclined to do that.

If the increase includes catching up on a reserve contribution that was previously waived or under-funded, say so explicitly. It is a materially different conversation from a general increase, and it is a conversation the board will have to have eventually anyway.

The arithmetic

Total budgeted expenses, less non-assessment revenue, gives the amount to be assessed. For a Florida condominium that amount is allocated across units by each unit's percentage of ownership in the common elements under F.S. § 718.115(2), a percentage fixed in the declaration that a board cannot vary.

Divide by the billing frequency and publish both the periodic figure and the monthly equivalent. Publish the change in dollars as well as in percent. A twelve percent increase on a modest assessment and a twelve percent increase on a high-rise assessment are very different amounts of money, and the percentage alone tells an owner almost nothing about their own budget.

Model the year after next as well. If the reserve funding plan implies another increase next year, an owner who learns that next November will trust the board less than an owner who was told this November.

Dues increase, special assessment, or borrowing

A regular assessment increase is the right instrument for a recurring cost: a higher insurance premium, an escalated service contract, a reserve contribution that has to rise and stay risen. Funding a recurring cost with a one-time special assessment simply moves the same problem into next year's meeting.

A special assessment is the right instrument for a discrete, non-recurring capital event that reserves cannot cover. In Florida the same allocation percentage that governs regular assessments governs special assessments, so the split across units does not change.

Borrowing is the third option and it is often the one nobody models. A bank loan converts a lump-sum capital cost into a level payment inside the operating budget, which can be easier for owners on fixed incomes than a special assessment due in ninety days. It also costs interest, and the authority to borrow and to pledge assessment income comes from the governing documents. Read them before proposing it.

Whichever instrument you choose, model at least two and show both. The comparison is what turns a demand into a decision.

The owner rejection right sets your real deadline

The board adopts the budget, and the owners can reject it. Under F.S. § 718.112(2)(e), condominium unit owners may reject by majority written notice within twenty-one days. Under § 720.303(6), HOA members may reject the adopted budget by majority petition within twenty-one days. If a rejection succeeds, the prior year's budget continues until the association adopts a new one.

That outcome is worse than the increase for almost everyone, because the association then spends the year collecting at a rate everyone already knows is too low. It is also entirely avoidable: rejection petitions are organized by owners who felt ambushed. A budget mailed at fourteen days with a one-page narrative, a workshop before the adoption meeting, and an owner question period rarely produces one.

Budget the collections you actually get

An assessment increase raises billed revenue, not collected revenue. Look at the last three years: what fraction of billed assessments was collected within the year, and what fraction was written off or is still outstanding? Budget that rate, and carry the difference as bad debt rather than discovering it in month eight.

Florida gives associations real collection tools, and they are worth understanding before you need them. For condominiums, § 718.116 makes the owner at the time an assessment comes due liable, provides for a lien from the date the assessment is due, and allows acceleration once an account is ninety or more days delinquent and a lien has been recorded. For HOAs, § 720.3085 sets an eighteen percent per year interest cap on delinquent assessments, allows late fees where the governing documents provide for them, and makes clear that an association may not foreclose for fines alone.

Both regimes cap what a first mortgagee owes when it takes title, which is why an increase that pushes marginal owners into delinquency does not recover as much as the spreadsheet suggests. That is an argument for a phased increase over two years rather than a single large one, where the funding plan allows it.

How to present it

One page, at the front of the packet, in plain language. What is changing, by how much, in dollars per unit per month. Why, in three or four bullets with the largest driver first. What the board considered and rejected, including the option of not increasing and what that would have cost. What happens next, with the meeting date and the owner question period.

Hold a workshop before the adoption meeting and let owners ask questions when nothing is being voted on. Most of the heat in a budget meeting comes from people hearing a number for the first time in a room where a decision is about to be made.

What the statute requires

Condominium assessment collection

F.S. § 718.116(1), (5) and (6)
  • The unit owner at the time the assessment comes due is liable
  • A new owner is jointly and severally liable for pre-transfer arrears
  • The lien arises from the date the assessment is due
  • Acceleration is available once 90 or more days delinquent and a lien is recorded

HOA assessment collection

F.S. § 720.3085(1), (2), (3) and (6)
  • Interest on delinquent assessments is capped at 18 percent per year
  • Late fees are allowed where the governing documents provide for them
  • A claim of lien must be recorded to enforce by foreclosure
  • An association cannot foreclose for fines alone, only for assessments

Tools that do this arithmetic

Questions boards ask

Can a Florida board raise assessments without an owner vote?

The board adopts the annual budget, and the assessment follows from it. What owners hold is a rejection right rather than an approval right: under § 718.112(2)(e) condominium unit owners may reject the budget by majority written notice within twenty-one days, and under § 720.303(6) HOA members may reject by majority petition within twenty-one days. Special assessments and borrowing may carry additional approval requirements in the governing documents, so read the declaration and bylaws.

What is the difference between a dues increase and a special assessment?

A regular assessment increase funds recurring costs and stays in the base going forward. A special assessment funds a discrete, non-recurring capital event and ends when it is paid. Using a special assessment to cover a recurring cost such as an insurance renewal moves the same shortfall into the following year.

How is a special assessment split among units?

For a Florida condominium, by the same percentage of ownership in the common elements that governs regular assessments, under § 718.115(2). That percentage is fixed in the declaration, and changing it requires a declaration amendment rather than a board vote.

What happens if owners reject the budget the board adopted?

The association continues to operate under the prior year's budget until a new budget is adopted. That is the outcome under both § 718.112(2)(e) and § 720.303(6). In practice it means collecting at a rate everyone already knows is insufficient, which is why avoiding a rejection petition is worth more effort than it usually gets.

How much interest can a Florida HOA charge on late assessments?

Up to eighteen percent per year on delinquent assessments under § 720.3085(3), with late fees permitted where the governing documents provide for them. Attorney's fees and costs of collection are added to the delinquent account. Interest begins accruing from the due date rather than from the point at which the association declares the account delinquent.

Citations behind this guide

Every statutory statement above traces to one of these sections. Follow the link to read the section reference.

  • F.S. § 718.115(2)

    Each unit's share of common expenses, regular and special, is its percentage of ownership fixed in the declaration.

  • F.S. § 718.116(1), (5), (6)

    Assessment liability, the lien from the date due, and acceleration at 90 or more days delinquent with a recorded lien.

  • F.S. § 718.112(2)(e)

    Owner rejection of the budget by majority written notice within 21 days.

  • F.S. § 720.303(6)

    Member rejection of the adopted budget by majority petition within 21 days.

  • F.S. § 720.3085(1), (2), (3), (6)

    Delinquency, the recorded claim of lien, the 18 percent interest cap, and the bar on foreclosing for fines alone.

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Summaries and search results are educational aids for board members, managers, and owners. They do not create an attorney-client relationship. For liens, elections, recalls, or enforcement, consult a Florida community-association attorney and verify the current official text.

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The same question in another state

Budget rules are state law. If your community is not in Florida, start here instead.