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Condo Due Diligence

How Special Assessments Arise and How to Spot Exposure Before You Buy

What triggers special assessments, which documents reveal risk, and how to protect yourself.

By Lilianne Rossel, Licensed Agent (FL SL3109536)·

A special assessment is a one-time charge that a condo association levies on unit owners to cover costs that exceed the building's reserves. In Miami, where many condo buildings are now subject to structural inspection and reserve requirements under Florida law, understanding assessment risk is essential before you buy. The documents you review during due diligence tell you whether a building is likely to face a significant assessment — if you know what to look for.

What Triggers a Special Assessment?

Special assessments arise when a building needs to fund work that its reserves cannot cover. The most common triggers in Miami include:

  • Structural repairs identified through a milestone structural inspection (FL § 553.899) — particularly when Phase 2 inspection findings require remediation
  • Deferred maintenance on major building systems (roof, plumbing, electrical, waterproofing) that were not adequately funded through reserves
  • Reserve shortfalls — associations that previously voted to waive or reduce reserves (allowed under Florida law before 2022) may now need to raise significant funds to comply with current SIRS requirements under FL § 718.112(2)(g), though HB 913 (2025) allows a limited, temporary reserve-funding pause after a milestone inspection
  • Insurance cost increases that exceed the operating budget
  • Natural disaster damage not fully covered by insurance

Which Documents Reveal Assessment Exposure?

Three documents are the most revealing:

1. The Structural Integrity Reserve Study (SIRS)

The SIRS identifies each structural component's remaining useful life and estimated replacement cost. Compare the recommended annual reserve contribution to what the association is actually collecting. A large gap between the two suggests the association may need to levy a special assessment to close the shortfall — or that monthly fees will increase substantially.

2. Board meeting minutes (past 24 months)

Board minutes often discuss upcoming capital projects, engineering reports, contractor bids, and assessment proposals before they are formally adopted. Look for discussions about concrete restoration, elevator modernization, roof replacement, plumbing or electrical system work, and any references to "special assessment" or "emergency assessment."

3. The association's annual budget and reserve schedule

The budget shows the current reserve contribution rate. Compare it to the SIRS recommendation. Also review the total reserve balance and how it has changed year-over-year. A declining balance while the building ages is a warning sign.

Record inspection rights: FL § 718.111(12). Disclosure requirements: FL § 718.503.

How Do You Evaluate Whether Assessment Risk Is Acceptable?

No condo building is risk-free. The question is whether the risk is understood and priced into your purchase. Consider:

  • Has the SIRS been completed? A building that has completed its SIRS and is funding reserves accordingly has quantified its future costs. That is better than a building that has not yet completed the study.
  • Has the milestone inspection been completed? If only Phase 1 was required and no Phase 2 was triggered, that is a positive finding. If Phase 2 was triggered and remediation is complete, review how it was funded.
  • Is the association already collecting adequate reserves? Associations that proactively increased contributions before the deadline are less likely to need large one-time assessments.
  • Has the building recently completed major work? A building that has already addressed its largest capital items (roof, concrete restoration, plumbing) may carry less near-term assessment risk, even if a past assessment was levied to fund it.

Important

This guide is for educational purposes and does not constitute legal or financial advice. Assessment liability is governed by Florida Statute § 718.116 and the declaration of condominium. Buyers should consult their own attorney and review the specific documents for any building they are considering.

Frequently Asked Questions

What is a special assessment in a condo?

A special assessment is a one-time charge levied by a condo association on unit owners to fund expenses that exceed the association’s current reserves or operating budget. Common triggers include major structural repairs, roof replacement, elevator modernization, or compliance with updated building code requirements. The amount per unit depends on the total cost and the ownership percentages defined in the declaration of condominium.

Can I negotiate who pays a special assessment in a condo sale?

Yes. Whether the buyer or seller is responsible for a pending or recently levied special assessment is a negotiable term in the purchase contract. Florida Statute § 718.116 addresses liability for assessments, but the purchase agreement can allocate responsibility between the parties. Your attorney should review this provision carefully.

Source: Florida Statute § 718.116 (2025)

How large can a condo special assessment be?

Florida Statute § 718.116(10) requires the association to state the specific purpose of a special assessment in the written notice sent to unit owners, and the funds collected may be used only for that stated purpose. The amount itself depends on the scope of the work and the number of units sharing the cost — assessments for major structural work such as concrete restoration, plumbing replacement, or electrical system upgrades can range from a few thousand dollars per unit to considerably more in a large capital project. The SIRS and the association’s current reserve balance are the best indicators of potential future assessments.

Sources: Florida Statute § 718.116(10) (2025); Florida Statute § 718.112(2)(g) (2025)

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