Finding a florida condo association attorney for special assessments

Last updated 2026-07-25

is there an official "best" list of condo association attorneys in florida

No. Neither the Florida Bar nor the Florida Department of Business and Professional Regulation (DBPR) publishes a ranked list of "best" condo association attorneys, and any website claiming otherwise is running a marketing list, not an official credential. What Florida does have is a real certification: Board Certification in Condominium and Planning Development Law through the Florida Bar, which requires practice experience, peer review, and a written exam ^[1]. That's the credential to ask about, not star ratings on a directory site. The Florida Bar also runs a free lawyer referral service by county and practice area, which is a legitimate starting point if your board doesn't already have counsel. DBPR licenses community association managers (CAMs) separately from attorneys, and CAM license status can be verified through the DBPR license search ^[2]. A CAM is not a lawyer and can't give legal advice on assessment authority or lien enforcement, even a very experienced one. So the honest answer to "who's the best" is: there isn't a verifiable ranking, but there is a verifiable minimum bar (board certification, active Bar status, no discipline history) and a short list of questions that separate a firm that actually does condo work from one that lists it as a sideline.

why would a condo or hoa board need a lawyer for a special assessment

A special assessment is a legal act under Chapter 718 (condos) or Chapter 720 (HOAs), more than a budget line, and getting the process wrong can make the assessment unenforceable or expose board members to liability. Florida Statute 718.116 governs assessment obligations and lien rights, and 718.112 sets meeting notice requirements that apply directly to how a board must announce and vote on a special assessment ^{[3] [3]}. A lawyer earns their fee on three things most boards get wrong without help: (1) confirming the declaration and bylaws actually authorize the amount and purpose of the assessment, (2) drafting notice language that meets the 14-day (or longer, if your docs require it) mailed/posted notice rule under 718.112(2)(c), and (3) making sure the resolution ties the assessment to a specific, documented need, like a SIRS-driven repair, rather than a vague "building fund" that owners can challenge later ^[3]. Since the 2022-2023 legislative response to the Surfside collapse, Chapter 718 also requires Structural Integrity Reserve Studies (SIRS) for buildings 3 stories and higher, and associations can no longer waive reserves for the items a SIRS covers, starting with the 2025 budget year for many buildings ^[4]. That change alone has triggered a wave of special assessments, and a lawyer who's current on the 2024-2025 amendments (including the delay/relief provisions in SB 1103, signed 2025) is worth more than one working from a 2021 template ^[5]. If a special assessment is being driven by a SIRS or milestone finding, read the reserve study for condo association breakdown alongside your legal review, because the engineering report and the legal notice have to match.

what is a reserve study, and does an hoa need one

A reserve study is a professional inspection and financial projection that identifies which shared components (roof, paving, elevators, structural elements) will need major repair or replacement, when, and how much it will cost, so the association can fund those costs gradually instead of through emergency special assessments. Florida condos over 3 stories now need a specific subset of this called a Structural Integrity Reserve Study (SIRS), covering structural components only, done by a licensed engineer or architect under 718.112(2)(g) ^[4]. For HOAs, Chapter 720 doesn't mandate a reserve study the way condo law does for SIRS items, but most experienced association attorneys and CAMs still recommend one, because a documented study is the strongest evidence a board acted reasonably (the business judgment standard) if an assessment is ever challenged. A basic reserve study for an HOA typically runs from a visual inspection of common elements plus a 20-30 year funding schedule; a full study with on-site measurements costs more than a desktop update. See hoa reserve study and reserve study for what each level of study actually includes.

how much does a reserve study cost in florida

Reserve study update (no site visit)	Refresh existing data, inflation-adjust costs	$1,000-$3,000
Full reserve study (site visit, all components)	On-site inspection, full component list, 20-30 yr schedule	$3,000-$8,000
SIRS (structural only, licensed engineer/architect)	Structural components only, mandatory for 3+ story condos	$5,000-$15,000+	*Ranges are industry estimates from CAM and engineering firm public pricing pages, not a state-set fee. Get written quotes for your specific building.

Costs vary a lot by building size, number of components, and whether it's a full study (with site visits and engineering) or an update to an existing one. Industry sources and community association management firms commonly cite ranges from roughly $3,000 to $15,000+ for condo reserve studies, and Florida's SIRS requirement, which mandates a licensed engineer or architect's visual inspection of structural components, tends to push costs toward the higher end for buildings 3 stories and up, especially those near saltwater ^[4]. There is no statewide published fee schedule; get at least two quotes from firms with Florida-licensed engineers, since the report has to satisfy 718.112(2)(g) specifically, not a generic reserve study format. Smaller HOAs with fewer structural components (a clubhouse, a pool, some fencing) generally pay less than a 12-story oceanfront condo tower with elevators, a parking garage, and a seawall. Ask any firm you're quoting whether the fee includes travel, follow-up site visits, and a written funding plan, or just the inspection. | Study type | Typical scope | Rough cost range* |

what is an hoa or condo assessment, exactly

An assessment is the money owed by unit owners or lot owners to the association to cover shared expenses, and it comes in two forms: regular assessments (the recurring budget, usually monthly or quarterly) and special assessments (a one-time or short-term charge for something outside the regular budget, like a roof replacement or a SIRS-mandated structural repair). Florida Statute 718.103 defines "assessment" for condos as the owner's share of common expenses, and 718.116 makes clear this is a debt owed to the association, enforceable by lien ^{[3] [6]}. A special assessment isn't optional once the board validly approves it under the declaration and Chapter 718 procedures; it's not like a dues increase you can opt out of by not using an amenity. Owners sometimes confuse a special assessment with a fine or a voluntary contribution. It's neither. If unpaid, it becomes a lien against the unit, and Florida law allows the association to pursue collection, including foreclosure in serious cases ^[3]. That's exactly why the notice and authorization steps matter so much, and why a lawyer's sign-off before the vote (not after owners start complaining) is the cheap insurance.

how much should an hoa or condo have in reserves

There's no single statewide dollar figure Florida law requires; the amount depends on the SIRS or reserve study findings for your specific building, not a flat percentage rule. What the law does require, since the 2022-2024 amendments, is that condo associations 3 stories and higher can no longer vote to waive or reduce reserves for the components covered by the SIRS (roof, load-bearing walls, floor, foundation, fireproofing, plumbing, electrical, waterproofing, and a few others), starting with fiscal years including December 31, 2024 and beyond, with some transitional relief passed in 2025 ^{[4] [5]}. Practically, that means "how much should we have" is answered by your engineer's SIRS report and reserve study, not a rule of thumb. A study might show you need $40,000 a year toward roof replacement and $15,000 a year toward the parking structure; that's your target, funded over the useful life remaining. Boards that try to guess a round number ("let's just put $50,000 a year into reserves") without a study behind it are exposed if that number turns out to be wrong in either direction, too low to cover the real repair, or needlessly high and unpopular with owners. If your board hasn't had reserves reviewed against the new fully-funded rule, start with the florida condo reserve fund relief page to see what transitional options, if any, currently apply, then get counsel to confirm your specific fiscal year deadline.

are hoa or condo special assessments tax deductible

Generally, no, not for the individual owner, and this is one of the most common misconceptions boards have to correct for owners during an assessment fight. The IRS treats special assessments paid to a homeowners association similarly to regular HOA dues: they're personal living expenses, not deductible, unless the unit is a rental property or used for business, in which case the assessment may be deductible as a rental expense (or added to basis if it's for a capital improvement) ^[7]. IRS Publication 527 addresses rental property expenses and improvements, and the general rule from IRS guidance on residential rental property is that costs which are capital improvements to a property held for rental income can be depreciated over time, while assessments tied to your personal residence are not deductible on a federal return ^[7]. There is no Florida-specific carve-out that changes this, since deductibility is a federal tax question, not a state one. Owners renting out units (or board members answering owner questions) should be pointed to a CPA for their specific situation. This is tax advice territory, and neither the board nor its attorney should be answering it as fact for individual owners; a board's job is accurate assessment notices, not tax guidance.

what should a board actually ask when hiring a condo association attorney

Ask about board certification first: is the attorney Florida Bar Board Certified in Condominium and Planning Development Law, or do they just list "HOA/condo law" among a dozen practice areas ^[1]? Certification isn't everything, but it's the one credential that means an outside panel and exam actually verified the experience. Ask how many active Chapter 718 special assessment matters they're currently handling, not lifetime cases, since the 2024-2025 SIRS and reserve amendments changed enough that older experience alone doesn't cover it ^{[4] [5]}. Ask whether they'll review the actual notice language and board resolution before it's mailed, more than answer questions after an owner complains. Ask about fee structure up front: flat fee for a document review versus hourly for a dispute, and get it in writing. A short, practical checklist for the interview call: - Board certified in condo/HOA law? (verify via Florida Bar, more than the firm's own website) ^[1]

• Currently handling SIRS-related special assessment matters?
• Will they review notice language and the board resolution pre-mailing?
• Flat fee available for a compliance review, or hourly only?
• Any Bar discipline history? (check via Florida Bar member search)
• Familiar with your county's building department timelines for milestone inspections? A board that runs through this list before signing an engagement letter avoids the common trap of hiring a generalist real estate attorney who's never actually drafted a SIRS-driven special assessment notice under the current statute.

what's the difference between the attorney's job and the reserve study / sirs professional's job

The attorney doesn't inspect your building and the engineer doesn't write your legal notice; conflating the two roles is a common and expensive board mistake. The licensed engineer or architect who does your SIRS report is required by 718.112(2)(g) to physically inspect the structural components and produce the technical findings and cost estimates ^[4]. The attorney's job is to take those findings and make sure the board's vote, notice, and resolution comply with 718.112 and 718.116, and that the declaration actually permits an assessment of that size for that purpose ^{[3] [3]}. A board that skips the legal review because "the engineer already gave us the number" is skipping the step that actually protects the board from liability if an owner challenges the assessment in court. Conversely, a board that has a great attorney but never got a real SIRS or reserve study is building a legally clean assessment on financial guesswork. You need both, and they're different professionals with different licenses (Florida Bar for the lawyer, DBPR-issued engineer or architect license for the SIRS inspector) ^{[1] [2]}. This is also where a structured compliance process helps more than most boards expect. A $199 one-time Building-Specific Board Compliance Kit (available at /board-kit-builder) doesn't replace either professional, it organizes the deadlines, tracks which reports are due when, and keeps the notice templates and meeting records in one place so your attorney isn't reviewing a shoebox of paperwork on an hourly rate. It's a scheduling and organization tool, not legal advice and not an inspection.

how do special assessment notice and vote requirements actually work under florida law

Under 718.112(2)(c), Florida Statutes, notice of a board meeting where a special assessment will be considered must be mailed, delivered, or electronically transmitted to owners, and posted conspicuously on the property, at least 14 days before the meeting, and the notice must specifically state that assessments will be considered and the estimated cost ^[3]. This is stricter than the notice required for a routine budget meeting in many associations' governing documents, precisely because a special assessment is a bigger financial hit to owners. The statute's own language matters here: 718.112(2)(c)2 requires notice of any board meeting where a special assessment or fine amount will be considered to include a statement that assessments or fines will be considered, and that the notice be mailed, hand delivered, or electronically transmitted to unit owners and posted conspicuously on the condominium property not less than 14 days before the meeting ^[3]. Skipping the specific-purpose language in the notice, even if the meeting itself was properly noticed, is one of the more common ways special assessments get challenged. This is exactly the kind of clause an attorney should check against your specific declaration language, since some governing documents impose longer notice periods or require an owner vote (more than a board vote) above a certain dollar threshold, and no statute overrides a stricter requirement in your own documents. Confirm your specific notice period and vote threshold with your association's counsel, since some declarations require a supermajority owner vote for assessments above a set dollar amount, and this varies building to building.

what happens if a board gets the special assessment process wrong

An owner can challenge an improperly noticed or improperly authorized special assessment, and if a court finds the process defective, the assessment can be voided, meaning the association has to redo the entire process, sometimes months later, while the underlying repair (say, a SIRS-flagged structural issue) keeps waiting. That delay isn't just inconvenient; if the finding relates to life-safety structural items, delay has real consequences for the building and potential liability exposure for the board. Board members also face a narrower but real personal exposure question: Florida's business judgment protections generally shield board members who act in good faith and follow proper procedure, but a documented failure to follow statutory notice requirements weakens that shield. This is a good reason boards keep records (meeting minutes, notice copies with mailing dates, the engineer's report, the attorney's sign-off) in one organized file rather than scattered across email threads and old management company files. If your board is heading into a milestone inspection or SIRS-driven assessment cycle, cross-reference your building's specific deadline against the county's milestone inspection rule (Florida Statute 553.899) and get written confirmation from counsel on your exact timeline, since municipalities can set additional local requirements on top of the state floor .

Frequently asked questions

What is a reserve study?

A reserve study is a professional inspection and financial report that identifies which major shared components (roof, elevators, paving, structural elements) will need replacement or major repair, estimates when and at what cost, and creates a funding schedule so the association saves gradually instead of relying on emergency special assessments.

What is a reserve study for an HOA?

For an HOA, a reserve study covers common-area components like roads, clubhouses, pools, and fencing, projecting replacement costs and timelines. Chapter 720 doesn't mandate one the way condo law now mandates a SIRS, but it's still the standard evidence a board acted reasonably if a special assessment is later challenged by owners.

What is an HOA assessment?

An HOA assessment is the fee owners owe for shared expenses. It comes as a regular (recurring, budgeted) assessment or a special assessment for a one-time cost outside the normal budget, such as storm damage repair. Unpaid assessments become a lien against the property and can lead to foreclosure in serious cases.

What is an HOA assessment used for?

Regular assessments fund routine operating costs (landscaping, insurance, management fees) and reserve contributions. Special assessments fund unbudgeted, often urgent costs, like a SIRS-mandated structural repair, storm damage, or a lawsuit settlement, that the reserve fund and regular budget can't absorb on their own.

How much should an HOA have in reserves?

There's no flat statewide dollar rule. The right reserve amount comes from your building's own reserve study or SIRS findings, not a percentage guess. Florida condos 3 stories and up can no longer waive reserves for SIRS-covered structural components as of fiscal years including December 31, 2024, subject to 2025 transitional relief provisions.

How much does a reserve study cost in Florida?

Costs range roughly from $1,000-$3,000 for an update to an existing study, up to $3,000-$8,000 for a full study, and $5,000-$15,000+ for a Structural Integrity Reserve Study (SIRS) done by a licensed engineer or architect, depending on building size and component count. Get at least two quotes before choosing.

Are HOA or condo special assessments tax deductible?

Generally no, for a personal residence. The IRS treats special assessments like regular dues, personal living expenses, not deductible. If the unit is a rental property, the assessment may be deductible as a rental expense or added to basis as a capital improvement; check IRS Publication 527 and consult a CPA.

Is there an official ranking of the best condo association attorneys in Florida?

No. Neither the Florida Bar nor DBPR ranks attorneys. The verifiable credential to look for is Florida Bar Board Certification in Condominium and Planning Development Law, plus active Bar standing with no discipline history, checked directly through the Florida Bar's own lawyer search.

Does a condo association attorney also do the reserve study or SIRS inspection?

No. A licensed engineer or architect performs the physical SIRS inspection and produces cost estimates under Florida Statute 718.112(2)(g). The attorney's separate job is making sure the board's vote, notice language, and resolution comply with Chapter 718 and the association's own governing documents.

How much notice does a Florida condo board have to give before a special assessment vote?

At least 14 days, under Florida Statute 718.112(2)(c). The notice must be mailed, hand-delivered, or electronically transmitted, posted conspicuously on the property, and must specifically state that a special assessment will be considered along with its estimated cost. Some governing documents require longer notice; check yours.

Can owners refuse to pay a special assessment?

Not legally, once it's validly authorized under the declaration and Chapter 718 procedures. Unpaid special assessments become a lien against the unit, and the association can pursue collection, including foreclosure in serious cases, the same as with unpaid regular assessments.

What's the difference between a milestone inspection and a SIRS?

A milestone inspection (Florida Statute 553.899) is a structural safety inspection required at set building ages, typically 25 or 30 years depending on coastal proximity, done by a licensed engineer or architect. A SIRS is a separate reserve-funding study specifically for structural components, required for condos 3 stories and higher under Chapter 718.

Sources

1. The Florida Bar, Lawyer Referral Service: The Florida Bar runs a free lawyer referral service by county and practice area
2. Florida Senate, Florida Statutes 718.116: Assessments are a debt owed to the association, enforceable by lien, including foreclosure
3. Florida Senate, Florida Statutes 718.112: Special assessment meeting notice must be given at least 14 days in advance, stating the estimated cost
4. Florida Senate, SB 1103 (2025): 2025 legislation provided transitional relief provisions related to condo reserve funding deadlines
5. Florida Senate, Florida Statutes 718.103: Definition of 'assessment' as the owner's share of common expenses under Chapter 718
6. IRS, Publication 527, Residential Rental Property: Special assessments on a personal residence are generally not deductible; rental property assessments may be deductible or added to basis
7. Florida Senate, Florida Statutes 553.899: Milestone structural inspections are required at set building ages under state law, with counties able to add local requirements