Finding the right condo assessment attorney in Orlando

Last updated 2026-07-25

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

A condo association attorney handles the legal mechanics of imposing a special assessment: drafting the board resolution, checking the declaration and bylaws for notice and voting requirements, confirming the meeting was properly noticed under Florida law, and making sure the assessment language will survive a challenge from an owner who doesn't want to pay. This isn't optional paperwork. Florida Statute 718.112(2)(c) requires specific written notice for board meetings where a special assessment will be considered, and that notice "must specifically state that special assessments will be considered and the nature of any such assessments." ^[1] Miss that requirement, word it too vaguely, or notice the wrong number of days out, and an owner's attorney has an easy argument that the whole assessment is void. A good condo attorney in Orlando will also cross-check your declaration. Some declarations cap what a board can assess without a membership vote, require a supermajority for large assessments, or route certain capital expenditures through a different approval path entirely. The statute sets the floor; your governing documents can set a higher bar. Nobody outside your own counsel can tell you with certainty how your specific declaration reads, so don't take a board member's word for it or a Facebook group's opinion. That's a job for a lawyer who has actually read your documents. For context on the underlying legal framework, see our guide to hoa special assessment rules statewide.

When do you actually need a lawyer versus just handling it in-house?

You need an attorney when money is large, the vote is contested, or the assessment is tied to a milestone inspection or SIRS reserve requirement. You can often skip a lawyer, or use one lightly, for small routine assessments with unanimous board support and no owner pushback. Here's the honest breakdown. If your building is funding a required structural repair identified in a milestone inspection or SIRS-driven reserve study, get counsel involved early, before the resolution is drafted, not after an owner sues. These assessments tend to be large (often five or six figures per unit in older coastal buildings), draw the most owner resistance, and carry the highest legal exposure if the paperwork is wrong. If it's a $400 special assessment to replace a broken pool pump and your declaration doesn't require a vote, a board can often handle that with a template resolution and proper notice, no attorney required, though it's still smart to have counsel review the template once so you're not guessing on notice language. Where it gets expensive fast: a lawsuit from a unit owner claiming the assessment was improperly noticed or exceeds the board's authority. Defending that in court costs far more than the legal review that would have prevented it. Boards in Orange, Seminole, and Osceola counties have seen this play out in circuit court disputes over exactly this kind of procedural defect, though outcomes vary by the specific facts and documents, which is why generic advice online is risky.

What is a reserve study, and why does it matter for special assessments?

A reserve study is a professional evaluation of your building's major common-area components (roof, structure, elevators, plumbing, painting, paving) 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 money it should be setting aside every year so it doesn't have to hit owners with a surprise special assessment later. Florida law now requires most condo associations 3 stories and higher to complete a "structural integrity reserve study" (SIRS) and to fund reserves for the items it covers, without the option to waive or reduce those specific reserves by membership vote. Fla. Stat. 718.112(2)(f) lists the required components: roof, load-bearing walls, primary structural members, floor, foundation, fireproofing/fire protection systems, plumbing, electrical, waterproofing, windows, and any other item with a deferred maintenance expense over $10,000 that would affect habitability. ^[1] A well-done reserve study is exactly what prevents the kind of six-figure special assessment that blindsides owners. It's not a luxury add-on to a compliance checklist. Learn more in our reserve study explainer and our detailed reserve study for condo association guide.

What is a reserve study for an HOA, and how is it different from a condo SIRS?

A reserve study for an HOA covers the same basic idea, an inventory of shared components with remaining-life and cost estimates, but HOAs (homeowners associations governing single-family homes or townhomes) are not currently subject to the SIRS mandate that applies to condos under Chapter 718. That mandate is specific to condominium associations regulated under Fla. Stat. 718.112. ^[1] That doesn't mean HOA boards should skip reserve planning. It just means the legal requirement is different. An HOA board that wants to avoid a painful special assessment for a clubhouse roof or a private road resurfacing still needs a reserve study, it's just driven by good governance and the association's own declaration rather than a statutory mandate. See our hoa reserve study page for the HOA-specific framework.

What is an HOA assessment (and how is it different from a condo assessment)?

An assessment is money an association charges owners beyond regular dues, to cover a shared expense the operating budget can't absorb. "HOA assessment" and "condo assessment" describe the same basic mechanism (a mandatory charge levied against all owners, usually per unit or per percentage of ownership), but the statutory rules differ because condos fall under Chapter 718 and most homeowners associations fall under Chapter 720 of the Florida Statutes. Regular assessments are the recurring dues that fund day-to-day operations and reserves. Special assessments are one-time (or limited-duration) charges for something the regular budget didn't cover: an emergency repair, a legal settlement, a big-ticket reserve item that wasn't fully funded, or work required after a milestone inspection. The word "special" just means it's outside the normal annual budget cycle, not that it's optional.

What are HOA assessments used for, and how much should an HOA have in reserves?

HOA assessments (regular and special) typically fund landscaping, insurance, utilities for common areas, management fees, and reserve contributions for future repairs to shared infrastructure like roads, pools, clubhouses, and drainage systems. There's no single statutory percentage that tells a Florida HOA exactly how much it "should" have in reserves, unlike the newer condo SIRS rules. Reserve study professionals generally recommend funding reserves to somewhere in the range of 70% to 100% of the calculated "fully funded" target based on component age and replacement cost, though boards routinely fund below that and accept higher special-assessment risk later. The honest answer: it depends entirely on your components, their age, and your risk tolerance, and that's exactly what a reserve study is supposed to calculate for your specific property rather than a rule of thumb. Guessing at a percentage without a study is how boards end up under-reserved and then blindsided. For condos, the calculus changed with SIRS. Reserves for the statutorily listed structural components (roof, load-bearing walls, foundation, waterproofing, and the rest) can no longer be waived or underfunded by membership vote once the SIRS is complete, per Fla. Stat. 718.112(2)(f). ^[1] That's a meaningful shift from the pre-2022 rules, when many associations voted every year to reduce or skip reserve funding entirely.

How much does a reserve study cost in Florida?

Reserve study costs in Florida commonly run from about $3,000 to $15,000 or more, depending on the size of the property, the number of components inspected, and whether it's a full study (with on-site inspection) or an update study. A large high-rise condo with dozens of structural and mechanical components to evaluate will cost more than a small HOA with a clubhouse and a pool. The SIRS specifically must be performed by a licensed engineer or architect, per Fla. Stat. 718.112(2)(g), and DBPR's Division of Florida Condominiums, Timeshares, and Mobile Homes oversees condo association compliance generally. ^{[1] [2]} Costs vary by region and by how many structural components the building has, so get at least two or three quotes from licensed engineers before signing. A cut-rate reserve study that misses a component or lowballs a repair estimate can cost your association far more later, either in an underfunded reserve line or in a special assessment nobody budgeted for. This is also where legal review earns its fee. An attorney doesn't perform the engineering, but a good one will flag whether your reserve study's language and funding schedule actually satisfy the statute, since the study and the legal compliance obligation are two different things done by two different professionals.

How do you find and vet a good condo association attorney in Orlando?

Start with attorneys who focus specifically on community association law, not general real estate or litigation attorneys who occasionally take condo cases. Florida Bar has a Real Property, Probate and Trust Law section, and many firms doing this work are members of the Community Associations Institute (CAI), which has a Central Florida chapter covering the Orlando metro. ^[3] Ask direct questions in the first call: How many condo associations do you currently represent as general counsel? Have you drafted special assessment resolutions and defended them when challenged? Do you charge hourly, flat fee, or a blend? What's your typical turnaround for a resolution and notice package? Get the fee structure in writing before any work starts. Board-side community association attorneys in Central Florida commonly bill in the $350 to $600 per hour range for partner-level work, with paralegal time billed lower, though rates vary by firm size and experience. Flat fees for a straightforward special assessment resolution, notice, and board guidance package often run $1,500 to $5,000, more if the declaration is unusual or the assessment is contested. Get a written engagement letter that says exactly what's included, because "attorney review" can mean a 20-minute phone call or a full document overhaul depending on the firm.

What should an Orlando condo board watch for in an attorney's fee agreement?

Look for three things specifically: whether the fee is flat or hourly, whether litigation defense is included or billed separately, and whether the attorney will personally attend the board meeting where the assessment is approved (recommended for anything over roughly $2,000 per unit, though there's no statutory dollar threshold, that's practical risk management, not law). A flat fee that only covers drafting the resolution, without attending the meeting or being available if an owner's attorney sends a demand letter, can leave your board exposed right when it matters most. Ask specifically what happens if an owner challenges the assessment within 30 days. Some firms bundle a limited response into the flat fee; others bill separately from the first phone call. Also confirm the attorney is licensed to practice in Florida and carries malpractice insurance, standard due diligence for any legal engagement but worth stating in writing in the engagement letter.

Are HOA and condo special assessments tax deductible?

Generally, no, not for an individual owner using the property as a personal residence. Special assessments for improvements or major repairs are typically treated by the IRS as additions to the cost basis of the property rather than as a deductible expense, similar to how home improvement costs are treated. ^[4] There are exceptions worth knowing about. If the unit is a rental property, special assessments related to repairs (as opposed to improvements) may be deductible as a business expense in the year incurred, and improvement-related assessments are typically depreciated over time rather than deducted immediately. The line between "repair" and "improvement" for tax purposes is genuinely fact-specific and not something a condo attorney will opine on, this is a question for a CPA or tax attorney familiar with rental real estate, not your association's counsel. Don't rely on a board member's tax opinion here, and don't expect your community association attorney to give you a tax answer either, that's outside their lane.

What happens if your board gets the assessment notice wrong?

If the board doesn't meet the specific notice requirements under Fla. Stat. 718.112(2)(c), an owner has grounds to challenge the assessment as void, which can force the board to redo the entire process, including re-noticing the meeting and re-voting, sometimes months later. ^[1] That delay is expensive in two ways. First, the underlying repair or reserve shortfall doesn't wait for your board to get its paperwork right, a leaking roof or a failed structural component keeps deteriorating. Second, re-doing a contested assessment often costs more in legal fees than getting it right the first time would have. This is exactly the kind of process risk a licensed attorney is trained to catch before the vote, not after a demand letter arrives. It's also the kind of task a compliance system can help track: meeting notice deadlines, required documentation, and the sequence of statutory steps for milestone inspections, SIRS, and assessment votes. A $199 one-time Building-Specific Board Compliance Kit (see the board kit builder) organizes those deadlines and generates the reminders and communication templates a board needs, but it doesn't replace an attorney's review of your specific declaration language or a licensed engineer's structural findings. Think of it as the calendar and checklist system; the attorney and the engineer are still the professionals doing the actual legal and structural work.

How does a milestone inspection or SIRS deadline connect to a special assessment decision?

Milestone inspections (structural inspections required for condo and cooperative buildings 3 stories or taller, generally at 30 years of age, or 25 years if within 3 miles of the coast, and every 10 years after) frequently surface repair needs that trigger special assessments. A SIRS, in turn, tells the board what it should already have reserved for those repairs, and the gap between what's reserved and what's needed is often exactly the size of the special assessment. Boards that get blindsided usually have one thing in common: they didn't connect the milestone inspection timeline, the SIRS reserve calculation, and the legal assessment process into one coordinated plan. The inspection report comes in, the board panics, and the assessment gets rushed through with sloppy notice, which is exactly when legal challenges happen. The better sequence: get the milestone inspection and SIRS done on schedule (both must be performed by the licensed professionals the statute requires, an architect or engineer, not board volunteers), review the findings with your attorney before drafting any assessment resolution, and build in enough lead time for compliant notice under 718.112(2)(c). Rushing any one of those three steps is where boards get into legal trouble. For deeper background on funding relief options some associations have pursued, see our page on florida condo reserve fund relief.

Frequently asked questions

What is a reserve study?

A reserve study is a professional assessment of a building's major shared components (roof, structure, plumbing, elevators, paving) that estimates remaining useful life and future repair or replacement costs. Associations use it to plan annual reserve contributions so they can pay for future repairs without a surprise special assessment. Florida condos over certain heights must complete a structural version called a SIRS under Fla. Stat. 718.112(2)(f).

What is a reserve study for an HOA?

It's the same core document as a condo reserve study, an inventory of shared components with age, condition, and replacement cost estimates, but applied to HOA-owned common property like roads, clubhouses, and pools. HOAs aren't currently subject to Florida's SIRS mandate under Chapter 718, since that applies specifically to condominiums, but a reserve study is still strong practice for any HOA managing shared infrastructure.

What is an HOA assessment?

An HOA assessment is a mandatory charge levied against owners to fund association expenses, either as regular recurring dues or as a special (one-time or limited-duration) charge for something outside the normal budget, like an emergency repair or an underfunded reserve item. It's legally enforceable and usually secured by a lien on the property if unpaid.

What is a HOA assessment used for?

HOA assessments fund operating costs (landscaping, insurance, management, utilities for common areas) and reserve contributions for future repairs to shared property like roads, roofs, and amenities. Special assessments specifically cover costs the regular budget didn't anticipate, such as storm damage, a failed component, or a reserve shortfall discovered during a study.

How much should an HOA have in reserves?

There's no single Florida statutory percentage for HOAs. Reserve professionals often suggest funding to somewhere between 70% and 100% of the "fully funded" target calculated in a reserve study, based on each component's age and replacement cost. The honest answer depends entirely on your property's specific components, which is exactly what a reserve study is designed to calculate.

How much does a reserve study cost?

Florida reserve studies commonly cost between roughly $3,000 and $15,000 or more, depending on property size, number of components, and whether it's a full study or an update. Condo SIRS studies must be performed by a licensed engineer or architect under Fla. Stat. 718.112(2)(g), which affects pricing versus a general reserve study.

Are HOA and condo special assessments tax deductible?

Generally no for a personal residence; special assessments for improvements or major repairs typically add to the property's cost basis rather than being immediately deductible. Rental property owners may be able to deduct repair-related assessments as a business expense or depreciate improvement-related ones. Confirm treatment with a CPA, this is a tax question, not one for your association's attorney.

When does a condo board need an attorney for a special assessment?

Get an attorney involved when the assessment is large, tied to a milestone inspection or SIRS finding, likely to be contested by owners, or when your declaration has unusual voting or notice requirements. Small, uncontested assessments with clear declaration authority can sometimes be handled with a lawyer-reviewed template instead of full legal drafting.

How much do condo association attorneys charge in Orlando?

Board-side community association attorneys in Central Florida commonly bill $350 to $600 per hour for partner-level work, with paralegal time lower. Flat fees for a standard special assessment resolution and notice package often range from $1,500 to $5,000, more for contested or unusually complex assessments. Get the fee structure in writing before work starts.

What notice is required before a Florida condo board can approve a special assessment?

Fla. Stat. 718.112(2)(c) requires written notice of board meetings that will consider a special assessment, and the notice must specifically state that a special assessment will be discussed and describe its nature. Getting this notice wrong is one of the most common grounds owners use to challenge an assessment as invalid.

Can a special assessment be voided if the board makes a mistake?

Yes. If the board fails to meet Florida's specific notice requirements under Fla. Stat. 718.112(2)(c), or exceeds authority granted by the declaration, an owner can challenge the assessment and a court can void it, forcing the board to restart the process, including re-noticing and re-voting.

Do milestone inspections and SIRS studies affect when a special assessment happens?

Yes. Milestone inspections (required for many condo buildings 3 stories or taller, generally at 30 years, or 25 years within 3 miles of the coast) often reveal repair needs. A SIRS then quantifies the funding gap. That gap is frequently exactly what a special assessment is created to cover, so the two processes are closely linked.

Sources

1. Florida Senate, Fla. Stat. 718.112(2)(c): Notice for board meetings considering a special assessment must specifically state that special assessments will be considered and the nature of any such assessments
2. Florida DBPR, Division of Florida Condominiums, Timeshares, and Mobile Homes: DBPR's Division of Florida Condominiums, Timeshares, and Mobile Homes oversees condo association compliance
3. IRS, Publication 530, Tax Information for Homeowners: Special assessments for improvements are generally treated as additions to cost basis rather than deductible expenses for personal residences
4. Florida Senate, Fla. Stat. 553.899: Milestone structural inspections are required for buildings 3 stories or more, generally at 30 years (25 years within 3 miles of the coast) and every 10 years thereafter
5. Florida Senate - Florida Statutes: Section 718.113 governs maintenance, common surplus, and structural integrity reserve study (SIRS) requirements for condominium associations, which underpin special assessment decisions.
6. Florida Senate - Florida Statutes: Section 720.303 outlines HOA board powers, meeting notice requirements, and special assessment procedures relevant to how HOA assessments differ from condo assessments.
7. Florida Department of Business and Professional Regulation: DBPR oversees licensing and regulation of community association managers who assist condo boards with special assessments and reserve compliance.
8. Florida Senate - Florida Statutes: Section 718.301 addresses transfer of association control and related obligations that can trigger board decisions about special assessments.