Best condo association attorneys for special assessments in Fort Lauderdale

How Fort Lauderdale boards vet condo attorneys for special assessment votes, notice rules, and Ch. 718 compliance. What to ask before you sign an engagement letter.

BoardDeadline Editorial Team
20 min read
In This Article

Last updated 2026-07-25

TL;DR

There's no official ranking of "best" condo attorneys, so look for Florida Bar board certification in condominium and planned development law, active Broward County practice, and experience with Ch. 718.112 special assessment notice and voting rules. Interview at least three firms, ask for SIRS and milestone inspection case history, and get a written fee structure before you sign anything.

Is there an official "best" list of condo association attorneys in Fort Lauderdale?

No. Nobody, not the Florida Bar, not DBPR, not any state agency, publishes a ranked list of condo association attorneys. Any article claiming a definitive top five or top ten is working off editorial opinion, client reviews, or paid placement, not a government credential. What does exist is a real, checkable credential: Florida Bar Board Certification in Condominium and Planned Development Law. The Florida Bar runs this certification program and lists every certified attorney by name and county on its website [1]. As of the Bar's most recent certification cycle, board certification in this specific area is held by a small number of attorneys statewide, and you can search the roster directly rather than trust a marketing page. For a Fort Lauderdale board facing a special assessment vote, that roster is your starting point. Search it, cross-reference with Broward County practice addresses, and build your own shortlist of three to five firms before you call anyone. The Division of Florida Condominiums, Timeshares, and Mobile Homes (DBPR) also handles condo disputes and complaints, and its website lists licensing and regulatory information relevant to community association managers and the statutes attorneys cite [2]. It doesn't recommend attorneys. But it's a useful cross-check when you're vetting a firm's claimed familiarity with DBPR procedures.

What does a condo association attorney actually do during a special assessment?

A condo association attorney's job during a special assessment is procedural and legal, not financial. The attorney doesn't decide how much money you need. That's the reserve study, the engineer's SIRS report, and your treasurer's math. The attorney makes sure the board's vote, notice, and collection process holds up if an owner challenges it. Under Florida Statutes section 718.112(2)(c), most special assessments require notice of the board meeting at least 14 days in advance, and that notice must state the nature of the assessment and its estimated cost [3]. Miss that notice window or misstate the amount, and an owner's attorney has a real argument to unwind the whole vote. That's one of the most common special assessment lawsuit triggers in Florida condo litigation, and it's entirely avoidable with a lawyer who checks the notice before it goes out. A competent attorney also reviews whether the assessment needs a unit-owner vote or can be approved by the board alone (this depends on your declaration and bylaws, more than the statute), drafts the assessment resolution and collection language, and advises on liens and foreclosure procedure for owners who don't pay under section 718.116 [4]. What the attorney should not be doing: telling you how much to charge per unit, picking your reserve study firm, or interpreting your engineer's structural findings. That's outside the scope of legal representation. Frankly, it's outside their expertise too.

What should Fort Lauderdale boards ask before hiring a special assessment attorney?

Ask five things before you sign an engagement letter, and get the answers in writing where you can. First, ask directly: "How many special assessment notices and votes have you handled for buildings subject to Milestone Inspection or SIRS requirements in the last three years?" A firm that mostly does closings and estoppel letters is not the same as a firm that has fought a 718.112 notice challenge in Broward County court. Second, ask about fee structure. Condo association legal work is billed hourly in the large majority of cases, typically in the $250 to $450 per hour range for Broward-area partners handling association matters, though this varies by firm size and attorney seniority. Get the specific number in writing rather than accepting a verbal estimate. Flat fees for a single assessment resolution package (notice letter, resolution draft, one round of revisions) are common and worth requesting if your assessment is straightforward. Third, ask who does the actual work. Many firms sell you a partner in the sales call and hand the file to an associate. That's fine, but you should know it up front and confirm the associate has condo law experience specifically. Fourth, ask about conflicts. Some firms represent both community association management companies and boards; make sure your firm's loyalty is to your association, full stop. Fifth, ask what happens if an owner sues to block the assessment. Get a straight answer on estimated litigation cost and timeline, more than the transactional fee for drafting the notice.

Florida condo special assessment: key legal thresholds Statutory figures every Fort Lauderdale board should confirm with counsel 14 Minimum notice before speci… assessment vote (days) 10k SIRS deferred-expense repor… ($) Source: Florida Statutes ch. 718.112, 2023

What is a reserve study, and why does the attorney need to see it?

A reserve study is a physical and financial assessment of your building's common elements, life-safety systems, and major structural components, done by a qualified reserve study professional or engineer, that projects when each component will need repair or replacement and how much that will cost. It is not a legal document, but it is the financial backbone that determines whether your special assessment amount is defensible. For Florida condos, the relevant statutory reserve study requirement sits inside the Structural Integrity Reserve Study (SIRS) framework created by SB 4-D and codified in Ch. 718. A SIRS must be performed by a licensed engineer or architect and covers specific components: roof, load-bearing walls, floor, foundation, fireproofing and fire protection, plumbing, electrical, waterproofing, and any other item with a deferred maintenance expense over $10,000 that would otherwise get funded from reserves [3]. Your attorney's job isn't to write the reserve study. It's to confirm the special assessment notice and resolution accurately reflect what the study and any related SIRS findings say, so the paper trail is consistent if someone challenges the number later. A board that skips this step, and assesses an amount that doesn't match the underlying study, is handing a plaintiff's attorney an easy argument. If your building hasn't had a current reserve study or hasn't started the reserve study for condo association process required under SIRS, get that scheduled before your attorney drafts anything. The legal notice is only as strong as the number behind it.

What is a reserve study for an HOA, and does it differ from a condo SIRS?

A reserve study for an HOA covers the same basic idea, projecting future repair and replacement costs for shared community assets, but the legal requirements differ from condominiums. HOAs in Florida are governed primarily by Chapter 720, not Chapter 718, and the SIRS mandate created by SB 4-D applies specifically to condominium associations under Ch. 718, not to homeowners' associations [3]. That said, plenty of Florida HOAs voluntarily commission reserve studies because underfunded reserves lead to the same problem condos face: a sudden special assessment that blindsides owners. The mechanics are similar. A professional inspects components, estimates useful life and replacement cost, and produces a funding schedule. But an HOA board isn't operating under the same statutory clock a condo board with buildings 3 stories or more now faces. If you sit on an HOA board and you're reading this because a neighboring condo association's special assessment fight made the news, the takeaway is the same either way: get an independent reserve study before you assess, and have an attorney review the assessment notice against what your governing documents actually require. See hoa reserve study and hoa special assessment for the Ch. 720-specific mechanics.

How much does a reserve study cost in Florida?

Reserve study costs in Florida vary widely by building size, number of components, and whether a full SIRS (which requires a licensed engineer or architect and covers specific structural and life-safety components) is being combined with a broader financial reserve study. Industry pricing commonly falls in the range of a few thousand dollars for a small association up to $10,000-$20,000 or more for larger buildings with complex structural systems, though boards should get at least two or three quotes rather than rely on a single number, since no single national fee schedule governs this. DBPR's guidance and the statute itself do not set a fee cap or standard price for SIRS work, because it's a private engineering engagement, not a state-administered service [2] [3]. That means price shopping matters. It also means a board should not assume the cheapest bid is adequate. A rushed or incomplete SIRS that misses a component category can force a redo, which costs more in total than paying for a thorough report the first time. Boards budgeting for this should treat the reserve study fee as separate from the attorney's fee for the special assessment process itself. They're two different professionals doing two different jobs, and conflating them in your budget makes it harder to hold either one accountable.

How much should a condo or HOA have in reserves?

There's no single statutory dollar figure for "enough" reserves in Florida. Under Ch. 718's post-SB 4-D framework, condo associations subject to SIRS must fund reserves for the specific components covered by the study based on the study's projected remaining useful life and replacement cost, and the days of waiving or underfunding those specific reserve line items are gone for buildings meeting the statute's height and age thresholds [3]. Practically, most reserve professionals recommend funding at or near 100% of the study's projected need, sometimes called "full funding," though many associations historically funded to a "baseline" or "threshold" level instead, which covers a lower cushion and defers more cost into future special assessments. Florida's post-2022 legislative changes (following the Surfside collapse) pushed hard against underfunding specifically for the SIRS-covered components, removing associations' ability to vote to waive or reduce those reserves the way they once could for non-SIRS items [3]. If your board is unsure whether your current reserve balance is adequate, that's a question for your reserve study professional first and your attorney second. The attorney can tell you what the statute requires you to fund, but the study tells you the actual number.

What is an HOA or condo assessment, and how is a special assessment different from regular dues?

An assessment is any charge a condo or HOA board levies against unit or lot owners to cover association expenses. Regular assessments (usually called dues or maintenance fees) are recurring, budgeted charges that cover routine operating costs and reserve contributions. A special assessment is a one-time or limited-duration charge levied outside the regular budget, typically to cover an unexpected or large expense the reserves don't fully cover, like a major roof replacement, a Milestone Inspection repair, or storm damage not covered by insurance. Under Ch. 718.112(2)(c), the board must give unit owners notice of any meeting where a special assessment will be considered, and that notice must include the nature and estimated cost of the assessment [3]. This is the exact provision your attorney should be checking before your board sends anything to owners. Whether a special assessment requires a full unit-owner vote (versus board-only approval) depends on your declaration of condominium and bylaws, not a blanket statutory rule, which is exactly the kind of governing-document question your association's own counsel needs to answer for your specific building. Nobody outside your attorney and your documents can give you a reliable yes or no here.

Are HOA and condo special assessments tax deductible?

Generally, no, not for the individual unit owner as a personal expense, though there are narrow exceptions worth checking with a tax professional. The IRS treats special assessments the way it treats regular condo fees: they're not deductible as a personal expense the way mortgage interest or property tax might be, because they're considered part of the cost of maintaining your property rather than a deductible tax or interest payment. There are two situations where deductibility questions actually come up. If the unit is a rental property, special assessment costs may be deductible as a rental expense or added to the property's basis, depending on whether the assessment is for a repair or a capital improvement; that distinction matters a lot and is genuinely a job for a CPA, not a condo attorney. Second, if a special assessment is tied to a casualty loss (storm damage, for example) there may be casualty loss deduction implications, though the Tax Cuts and Jobs Act narrowed personal casualty loss deductions significantly for tax years 2018 through 2025, generally limiting them to federally declared disaster areas. This is genuinely outside a condo association attorney's job. If your board or an owner is asking about deductibility, the honest answer is: ask a CPA who handles real estate, not your association's counsel.

How does Fort Lauderdale's coastal location affect special assessment legal strategy?

Buildings in Fort Lauderdale, Broward County, and other coastal Florida markets face faster component degradation from salt air, humidity, and storm exposure, which often means SIRS findings come back with shorter remaining useful life estimates and larger near-term repair costs than a comparable inland building. That doesn't change the legal notice requirements under 718.112, but it does change the size and frequency of special assessments a board is likely to face, and an attorney experienced with coastal Broward buildings will have seen the pattern before. Fort Lauderdale sits within Broward County, and buildings here are also subject to the county's local Building Recertification requirements in addition to the statewide Milestone Inspection statute. Some coastal counties (Miami-Dade and Broward specifically) have had recertification ordinances in place since well before SB 4-D, so a board's compliance timeline can involve overlapping county and state deadlines. Confirm your building's specific county recertification schedule with your municipality's building department and with your association's counsel, since local ordinance deadlines don't always match the statewide Milestone Inspection clock exactly. An attorney unfamiliar with this overlap can miss a county deadline while focused only on the state statute, which is exactly the kind of gap a Fort Lauderdale-specific practice avoids and a generalist statewide firm sometimes doesn't catch.

How should a board organize the paperwork before the attorney even gets involved?

Most of the legal risk in a special assessment fight comes from disorganized paperwork, not bad legal advice. Boards that show up to their attorney with a scattered record of past notices, an outdated reserve study, and no clear timeline of engineer inspections make their attorney's job harder and their legal bill higher. Before you engage counsel for a special assessment, pull together your current reserve study, any completed or in-progress Milestone Inspection or SIRS report, your last two years of board meeting minutes referencing reserves or repairs, and your declaration and bylaws sections on assessments. Handing an attorney a clean, chronological file cuts review time significantly, since much of an attorney's early billable hours on a new assessment matter go toward reconstructing a timeline the board could have handed over already organized. This is the specific gap our $199 one-time Building-Specific Board Compliance Kit is built to close: it organizes your building's Milestone Inspection and SIRS deadlines, reserve study timeline, and required notices into one schedule your board and your attorney can both reference, so your counsel spends billable time on legal judgment, not document archaeology. It doesn't replace your attorney, your engineer, or your reserve study professional, and it makes no compliance determination about your specific building. It just keeps the paper trail straight. Start at /board-kit-builder. If your building is also navigating florida condo reserve fund relief provisions or carrying condo special assessment insurance, bring those documents to the same meeting. Attorneys work faster, and cheaper, when they're not hunting for context.

What's the honest bottom line for a Fort Lauderdale board picking an attorney?

Pick an attorney the same way you'd pick a structural engineer: check the credential first, check the specific local experience second, and get the fee structure in writing before anyone touches your file. Board certification in condominium and planned development law through the Florida Bar is the one credential that's independently verifiable, not marketing copy [1]. Don't hire based on a firm's advertising claim of being "the best" or "top-rated." Ask for three references from Broward County condo boards specifically, ask how many 718.112 notice challenges the firm has actually litigated, and ask who in the firm will be doing the work day to day. And remember what the attorney is and isn't for. They protect your notice, your vote, and your collection process. They do not replace your reserve study professional, your structural engineer, or your CPA. A board that understands that division of labor spends its legal budget on the parts of the process that actually need a lawyer, and saves money everywhere else. Confirm every deadline and procedural requirement mentioned here with your association's own counsel and your county building department. Statutes and local ordinances change, and this article is not a substitute for a legal opinion on your specific building.

Frequently asked questions

What is a reserve study?

A reserve study is a professional assessment of a building's common elements and major systems that projects when each component will need repair or replacement and estimates the cost. For Florida condos under SIRS, it must be performed by a licensed engineer or architect and cover components like roof, structure, plumbing, and electrical systems as specified in Ch. 718 [5].

What is a reserve study for an HOA?

For HOAs, a reserve study serves the same purpose (projecting future repair costs for shared assets) but isn't mandated by the same SIRS statute that applies to condos under Ch. 718. HOAs fall under Ch. 720, and while many commission voluntary reserve studies, Florida's SB 4-D reserve mandate specifically targets condominium associations, not homeowners' associations.

What is an HOA assessment?

An HOA assessment is any charge levied against homeowners to fund association operations, maintenance, or reserves. Regular assessments are recurring budgeted dues; special assessments are one-time or limited charges for unexpected or large expenses not covered by the regular budget or reserves, such as storm repair or a major infrastructure replacement.

What is a condo assessment?

A condo assessment is a charge the association levies against unit owners to cover shared expenses, either through recurring regular assessments (monthly or quarterly dues) or a special assessment for a specific, often unbudgeted, cost. Both are governed by the association's declaration and bylaws along with Ch. 718.112 notice requirements [3].

How much should a condo or HOA have in reserves?

There's no single dollar figure required statewide. Florida condos subject to SIRS must fund reserves for specific statutory components based on the reserve study's projected need, and can no longer vote to waive those specific line items. Ask your reserve study professional for the funding percentage recommendation specific to your building's components.

How much does a reserve study cost in Florida?

Costs vary by building size and scope, commonly ranging from a few thousand dollars for smaller associations to $10,000-$20,000 or more for larger buildings needing a full engineer-conducted SIRS. Get at least two or three quotes since no state fee schedule sets pricing for this private engineering service.

Are HOA and condo special assessments tax deductible?

Generally no, for a personal residence, since the IRS treats them like regular association fees rather than deductible taxes or interest. Rental property owners may have different treatment depending on whether the assessment is a repair or capital improvement. Ask a CPA, not a condo attorney, since this is a tax question outside legal counsel's typical scope.

Is there an official ranked list of the best condo association attorneys in Fort Lauderdale?

No state agency or bar association publishes a ranked "best" list. The one verifiable credential is Florida Bar Board Certification in Condominium and Planned Development Law, searchable directly on the Florida Bar's website. Any "top 10" list you find elsewhere reflects editorial opinion or marketing, not an official designation.

Does a condo association attorney review the reserve study or SIRS report itself?

No. The attorney's role is to confirm the special assessment notice and resolution match what the reserve study or SIRS report says, not to evaluate the engineering or financial findings themselves. That evaluation belongs to the licensed engineer or reserve study professional who produced the report.

How much do condo association attorneys charge for special assessment work in Florida?

Hourly rates for Broward-area association attorneys commonly run $250 to $450 per hour, though this varies by firm and seniority. Many firms offer flat fees for straightforward assessment notice and resolution drafting. Always get the fee structure in writing before signing an engagement letter.

What notice does Florida law require before a condo special assessment vote?

Under Ch. 718.112(2)(c), the board must give unit owners notice of the meeting where a special assessment will be considered at least 14 days in advance, and the notice must state the nature and estimated cost of the assessment. Missing this notice is one of the most common grounds for a legal challenge to a special assessment.

Does Fort Lauderdale have local building recertification rules beyond the state Milestone Inspection statute?

Broward County has had local building recertification ordinances predating the statewide SIRS/Milestone Inspection statute created after the Surfside collapse. Boards should confirm their building's specific county recertification schedule with the local building department, since county and state deadlines don't always align exactly.

Sources

  1. The Florida Bar, Board Certification Program: Board certification in condominium and planned development law is a Florida Bar credential attorneys can be searched for by name and county
  2. DBPR, Division of Florida Condominiums, Timeshares, and Mobile Homes: DBPR regulates condominium associations and provides licensing and regulatory information but does not price or recommend reserve study fees
  3. Florida Statutes, section 718.112: Condo boards must give at least 14 days notice before a meeting where a special assessment is considered, stating its nature and estimated cost
  4. Florida Statutes, section 718.116: Governs association liens and foreclosure procedure for unpaid assessments
  5. Internal Revenue Service, Publication 527 (Residential Rental Property): Special assessments on rental property may be deductible as an expense or added to basis depending on whether the work is a repair or a capital improvement
  6. Internal Revenue Service, Topic No. 515, Casualty, Disaster, and Theft Losses: The Tax Cuts and Jobs Act limited personal casualty loss deductions to federally declared disaster areas for tax years 2018 through 2025

Disclaimer: BoardDeadline is an independent information publisher. We are not engineers, architects, reserve specialists, community association managers, or a law firm, and nothing here is legal advice. Structural inspections and reserve studies must be performed by the licensed professionals your state requires; this kit helps your board organize, schedule, and communicate - it does not perform or replace any inspection or study. Statutes change; confirm current requirements with your association's counsel and your county. We make no promises about compliance outcomes.

BoardDeadline Editorial Team

BoardDeadline provides expert guidance and tools to help you succeed. Our content is reviewed for accuracy and kept up to date.

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