Best condo attorneys for special assessments in Orlando

Last updated 2026-07-25

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

No. Neither the Florida Bar nor the Florida Department of Business and Professional Regulation (DBPR) publishes a ranked list of condo association attorneys, in Orlando or anywhere else. The Florida Bar does certify a small number of lawyers as Board Certified in Condominium and Planned Development Law, and that certification is the closest thing to an official quality signal the state offers ^[1]. You can search for certified attorneys by county through the Florida Bar's own directory, which lets you filter by certification area and city ^[1]. That's really the honest starting point. Any "top 10" or "best of" list you find on a general legal-marketing site is paid placement or SEO content, not a state endorsement. Orlando has a real bench of condo and HOA attorneys, several with offices in downtown Orlando, Lake Mary, or Winter Park serving Orange, Seminole, and Osceola county associations. But picking one is a vetting exercise for your board, not a Google search for a superlative.

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

A condo association attorney's job on a special assessment isn't to pick the number. That's the board's job, usually informed by a reserve study or engineer's report. The attorney's job is to make sure the board follows Chapter 718's procedural rules so the assessment holds up if an owner challenges it. Concretely, that means: reviewing board meeting notice requirements before the vote (Section 718.112 governs meeting notice and owner participation rights) ^[2], drafting or reviewing the assessment resolution itself, confirming the association's declaration and bylaws don't require a membership vote for this particular assessment (some governing documents do, even though the statute doesn't always require it), and advising on installment payment structures and lien rights if owners don't pay. For associations facing a milestone inspection deadline or a Structural Integrity Reserve Study (SIRS) requirement under Section 718.112(2)(g), the attorney also helps the board document why the assessment is necessary, which matters if the board later needs to show it acted reasonably ^[2]. None of this substitutes for the engineering work itself. Milestone inspections must be performed by a licensed architect or engineer under Section 553.899, and SIRS reports similarly require a qualified preparer; a lawyer doesn't sign off on structural findings ^[3].

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

A reserve study is a professional assessment of a building's major common-element components (roof, structure, plumbing, paving, painting, and now, for condos, load-bearing elements and other items covered by SIRS) that estimates remaining useful life and the cost to repair or replace each item. It's the financial planning document that tells a board how much it should be setting aside each year, and it's usually the evidence base a board points to when justifying a special assessment. For Florida condominiums three stories or higher, a SIRS is now mandatory, not optional. Section 718.112(2)(g) requires associations to complete a SIRS by December 31, 2024, for buildings reaching their milestone inspection threshold, and to update it at least every 10 years ^[2]. The SIRS must be performed by a person qualified to perform such analysis under the statute, generally a licensed engineer or architect ^[2]. An attorney needs to see the reserve study or SIRS before drafting the assessment resolution because the study is what turns "the board decided we need $2 million" into "the board relied on a qualified professional's documented findings." If a special assessment gets challenged in court or arbitration, that paper trail matters. For more on what these studies cover, see our guides on reserve study requirements and reserve study for condo association specifics.

What is an HOA assessment (versus a condo assessment)?

An assessment, in either a condo or HOA context, is a mandatory charge the association levies on owners to fund operations, reserves, or a specific capital need. Regular assessments are the recurring dues that fund the annual budget. A special assessment is a one-time (or limited-duration) charge levied outside the regular budget, typically to cover an unbudgeted or unreserved expense like a roof replacement, a structural repair, or a Chapter 718 SIRS-driven capital project. HOAs (homeowners associations governing single-family and townhome communities) are governed by Chapter 720, while condominiums are governed by Chapter 718. The mechanics of levying a special assessment differ somewhat between the two chapters and, more importantly, between individual governing documents. Some declarations cap special assessments without a membership vote; others give the board broad authority. For the HOA-specific version of this question, see hoa special assessment.

How much should a condo or HOA have in reserves?

There's no single statutory dollar figure or percentage that Florida law sets as the "right" reserve amount. Chapter 718 requires condo associations to fund reserves based on the components identified in the SIRS (structural items) and, historically, other components identified by the board or membership, but it doesn't mandate a specific percentage of replacement cost be held at all times ^[2]. The better-established number in the industry (not a Florida statutory figure) comes from the Community Associations Institute (CAI) and reserve-study professionals like the Community Associations Institute's Reserve Specialist designees, who generally recommend associations fund reserves so the account stays above roughly 70% of the "fully funded" ideal, a benchmark used across the reserve-study industry rather than a Florida legal threshold. Associations funded below 30% of the ideal are considered "weak" or at high risk of special assessments by most reserve-study practitioners. What Florida law does require, as of the 2022-2023 legislative changes (SB 4-D and SB 154), is that condominium associations three stories or higher can no longer waive or reduce reserve funding for the structural components covered by the SIRS, starting with the fiscal year following completion of the first SIRS ^[2]. That's a meaningful shift: boards used to be able to vote to underfund reserves. For SIRS-covered components, that option largely goes away. See our breakdown of florida condo reserve fund relief for how any legislative relief provisions interact with this rule, and confirm current status with your association's counsel since this area has changed via legislation more than once since 2022.

How much does a reserve study cost in Florida?

Costs vary widely by building size, number of components, and whether it's a full study with on-site inspection or an update to an existing study. Industry sources and reserve-study firms operating in Florida generally cite ranges from around $3,000 to $6,000 for a small to mid-size condo association's SIRS or reserve study, with larger or more complex high-rise buildings running higher, sometimes into five figures. There's no statewide fee schedule published by DBPR or the state for this service, so get multiple quotes. This is separate from, and usually cheaper than, the milestone inspection itself, which involves a licensed engineer or architect physically inspecting the building's structural components under Section 553.899 and can run into tens of thousands of dollars depending on building size and complexity ^[3]. Boards sometimes bundle these engagements, since the same engineering firm may perform both the milestone inspection and contribute structural findings to the SIRS, but they are legally distinct deliverables with distinct statutory triggers.

How do I find a condo association attorney in Orlando who actually handles this work?

Start with the Florida Bar's certification search and filter for Condominium and Planned Development Law, then narrow by Orange, Seminole, or Osceola county if you want someone with local court and code familiarity ^[1]. Board certification isn't required to practice condo law, plenty of excellent community association attorneys aren't certified, but it's a useful first filter because it means the Bar has vetted the attorney's experience and passed a specialty exam. Beyond that, ask other board presidents in your area or your property management company for referrals. Community Associations Institute's Central Florida chapter and the Central Florida chapter of legal professionals who focus on this practice area are good sources, since attorneys who regularly present at CAI education sessions tend to be active in the field. Check DBPR's licensing search if you're also vetting the association's community association manager (CAM), since DBPR licenses CAMs and can show disciplinary history, though DBPR doesn't license or discipline attorneys, that's the Florida Bar's job ^[4].

What should our board ask before hiring a condo association attorney?

Interview at least two or three firms before signing an engagement letter. Questions worth asking directly: How many active condo or HOA association clients does the firm currently represent, and how many are three-story-plus buildings dealing with milestone or SIRS deadlines? How is billing structured, hourly, flat fee for specific deliverables like an assessment resolution, or a retainer? What's the hourly rate for the partner versus associates who might actually do the drafting? Has the firm handled a special assessment challenge or arbitration before the Division of Florida Condominiums, Timeshares, and Mobile Homes, and what was the outcome? Who is the point of contact day to day, and what's the typical response time on board questions? Get the fee structure in writing before the vote on the assessment happens, not after. Boards get burned when legal costs balloon mid-project because nobody discussed billing practices up front.

Are HOA and condo special assessments tax deductible?

Generally, no, not for the owner living in the unit as a primary residence. Special assessments for capital improvements (a new roof, structural repairs, elevator replacement) are typically treated as an addition to the owner's cost basis in the property, not a deductible expense, similar to how a home improvement you pay for directly isn't deductible in the year you pay it. The IRS doesn't have a Florida-specific rule here; general federal tax treatment of homeowner association charges applies. There are exceptions. If the unit is a rental property or used for business, a portion of special assessments tied to repairs and maintenance may be deductible as a business expense, and assessments tied to a casualty loss (storm damage, for example) may interact with casualty loss rules in limited circumstances. This is genuinely a tax question, not a condo law question, so don't rely on a board attorney or a blog post for the answer. Talk to a CPA who handles rental or investment property returns, and reference IRS Publication 527 for rental property expense treatment as a starting point for that conversation.

What role does a $199 compliance kit play versus hiring an attorney?

They're not competitors, they solve different problems. An attorney gives legal advice specific to your building's declaration, bylaws, and the specific assessment vote you're planning. A board can't skip that step for anything with real legal exposure, and no product or kit should claim to replace it. What trips boards up more often than legal strategy, though, is basic organization: tracking which statutory deadline applies to your building's age and height, keeping the milestone inspection report, the SIRS, and board meeting minutes in one place, and having a clear communication timeline to send owners before a vote. That's the kind of groundwork a board can and should handle itself, and it's what our $199 one-time Building-Specific Board Compliance Kit is built for. It organizes the deadlines, the document checklist, and the owner-communication schedule around your specific building's age, height, and location, so your attorney's time goes toward legal judgment calls instead of you paying billable hours to get organized. You can build one at /board-kit-builder.

What happens if our board doesn't hire an attorney for a special assessment?

Nothing automatically happens, Florida law doesn't require an attorney's involvement to levy a special assessment. But boards that skip legal review on assessments tied to structural repairs, SIRS compliance, or large dollar amounts run real risk: a poorly noticed board meeting, a resolution that conflicts with the declaration's own assessment cap, or a lien procedure that doesn't follow Section 718.116's collection requirements can all get challenged and unwound by owners later ^[5]. For small, routine special assessments (a modest amount to cover an insurance deductible, say), some boards reasonably handle it with management company support and no outside counsel. For anything tied to a milestone inspection finding, a SIRS-driven structural project, or an assessment large enough that owners are likely to push back, get counsel involved before the vote, not after an owner's demand letter arrives.

Where can boards get more background before calling an attorney?

Read the underlying statute sections your attorney will reference so the conversation is more efficient and less expensive. Section 718.112 covers association operation, meeting notice, and the SIRS mandate; Section 718.116 covers assessments and lien rights; Section 553.899 covers the milestone inspection requirement itself ^{[2] [2] [5] [3]}. DBPR's Division of Florida Condominiums, Timeshares, and Mobile Homes also publishes owner and board guidance on its website, which is a free first stop before a billable consultation ^[4]. Our related guides go deeper on adjacent pieces of this puzzle: reserve study and hoa reserve study cover the funding-study side, condo special assessment insurance covers whether insurance can offset a special assessment, and hoa special assessment covers the Chapter 720 version of this process for non-condo communities.

Frequently asked questions

What is a reserve study?

A reserve study is a professional evaluation of a building's major common-element components (roof, structure, paving, plumbing, and for condos, structural items under SIRS) that estimates remaining useful life and future repair or replacement costs, giving the board a data-based basis for reserve funding and special assessment decisions.

What is a reserve study for an HOA?

For an HOA, a reserve study works the same way as for a condo: it inventories shared assets the association maintains (roads, pools, clubhouses, drainage), estimates useful life remaining, and projects funding needed. HOAs fall under Chapter 720 rather than 718, so the study supports the board's budget planning rather than a SIRS mandate specific to condominiums.

What is an HOA assessment?

An HOA assessment is a mandatory charge the association levies on member-owners to fund operations, reserves, or capital needs. Regular assessments fund the annual operating budget; special assessments are one-time or limited-duration charges outside the regular budget, usually for an unreserved or unbudgeted repair or capital project.

How much should an HOA have in reserves?

Florida law doesn't set a fixed dollar or percentage requirement for HOA reserves under Chapter 720. Reserve-study industry practice generally treats funding above roughly 70% of the fully-funded ideal as healthy and below 30% as high risk for special assessments, but these are industry benchmarks, not statutory mandates.

How much does a reserve study cost?

Costs typically range from around $3,000 to $6,000 for a small to mid-size Florida condo or HOA reserve study or SIRS, with larger or structurally complex buildings costing more. There's no state fee schedule, so boards should get multiple quotes from qualified providers before hiring one.

Are HOA special assessments tax deductible?

Generally no, for an owner-occupied primary residence. Special assessments for capital improvements typically add to the owner's cost basis rather than qualifying as a current-year deduction. Rental or business-use properties may have different treatment; consult a CPA and IRS Publication 527 for specifics.

Is there a state-certified list of the best condo attorneys in Orlando?

No official ranked list exists. The closest state-level signal is the Florida Bar's Board Certification in Condominium and Planned Development Law, searchable through the Florida Bar's attorney directory by certification area and county.

Does a condo association attorney decide how much a special assessment should be?

No. The board sets the assessment amount, usually guided by a reserve study, SIRS, or engineer's cost estimate. The attorney's role is procedural and legal: confirming notice requirements, drafting the resolution, and checking the governing documents for assessment caps or vote requirements.

Do milestone inspections and SIRS reports need to be done by a lawyer?

No. Milestone inspections under Section 553.899 must be performed by a licensed architect or engineer, and SIRS reports require a similarly qualified preparer under Section 718.112. Attorneys handle the legal and procedural side of using those reports, not the technical inspection itself.

What's the difference between a condo assessment and an HOA assessment in Florida?

Condominium assessments are governed by Chapter 718; homeowners association assessments fall under Chapter 720. The two chapters have different rules on notice, board authority to levy special assessments without a vote, and lien/collection procedures, so the applicable statute depends on whether the property is a condo or a platted HOA community.

Can our board skip hiring an attorney for a small special assessment?

Sometimes, for modest, routine amounts (like covering an insurance deductible) with management company support. But for assessments tied to milestone inspection findings, SIRS-driven structural projects, or amounts likely to draw owner challenges, legal review before the vote reduces the risk of a successfully contested assessment later.

How do I check if a condo association attorney is in good standing?

Search the Florida Bar's online attorney directory by name or by Condominium and Planned Development Law certification. The directory shows bar admission status, any disciplinary history, and certification status, which is the fastest free way to verify an attorney before signing an engagement letter.

Sources

1. The Florida Bar, Board Certification & Attorney Search: Florida Bar certifies attorneys in Condominium and Planned Development Law and offers a searchable directory by certification and county
2. Florida Legislature, Florida Statutes Section 718.112: Section 718.112 governs association operation, board meeting notice, and SIRS requirements
3. Florida Legislature, Florida Statutes Section 553.899: Milestone inspections must be performed by a licensed architect or engineer
4. Florida DBPR, Division of Florida Condominiums, Timeshares, and Mobile Homes: DBPR division publishes owner and board guidance and licenses community association managers
5. Florida Legislature, Florida Statutes Section 718.116: Section 718.116 governs assessments, liens, and collection procedures for condominium associations