Special Assessments and Increases

Does Florida Law Require an HOA Board to Seek Member Approval for Rate Increases and Special Assessments?

The protocol for calculating assessments is set forth in an association’s governing documents. Associations may not levy assessments at a board meeting unless notice of the meeting, which must be provided at least 14 days in advance, states that assessments will be considered and generally describes the nature of the assessments under consideration. Fla. Stat. §720.303(2)(c). At any member meeting, all members present have a right to speak for at least three minutes as to any item up for discussion. Fla. Stat. 720.306(6).

An HOA’s governing documents cannot be amended to increase any parcel’s proportional percentage of the common assessments – or decrease its proportional voting rights – unless the owner of the parcel consents to the amendment. Fla. Stat. §720.306(1)(c). Prior to a developer’s turning over an association, it cannot levy special assessments absent majority approval of non-developer members. Fla. Stat. §720.315.

The Condominium Act does not require a membership vote for approval of special special assessments and notice requirements can be found at 718.112(2)(c).

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