Florida Homeowners’ Association Act, Chapter 720

Florida HOA Special Assessments: What the Statute Requires

A Florida HOA special assessment is governed by §720.303 (notice and meetings) and §720.316 (emergency-repair authority), with the community’s declaration setting the member-vote threshold. The statute focuses on procedure and notice; whether a specific assessment is enforceable depends on the declaration and the facts of the vote, which is a question for a Florida HOA attorney.

What the statute says

Two statute sections set the procedural floor:

Notice and agenda (§720.303(2)): board meetings require at least 48 hours of posted notice; if a special assessment will be considered, the agenda must say so, and the notice must be mailed, delivered, or electronically transmitted to members at least 14 days before the meeting and posted in a conspicuous place at least 14 days before the meeting.
Emergency-repair authority (§720.316): for damage caused by an event for which a state of emergency is declared, the board may incur cleanup, repair, and reconstruction expenses without the member vote that would otherwise be required. This authority is narrow; ordinary deferred maintenance does not qualify.
Member-vote threshold (NOT in statute): §720.303 and §720.316 do not set a uniform member-vote threshold for non-emergency special assessments. The declaration and CCRs do. If your community’s declaration requires a majority of voting interests at a duly noticed meeting, that is the rule for your community; if it requires a supermajority, that is the rule. The statute does not override.

Sources: flsenate.gov / Statutes / 720.303 and 720.316. Statute year: 2025. Verify against the current enrolled bill if new amendments have shipped since this page’s last review.

What this means in practice

The most common cause of disputes is mismatched expectations on notice. The 14-day window in §720.303(2)(c) is firm: it applies to any meeting where a special assessment will be considered. The 48-hour posted notice for ordinary board meetings is separate and does NOT replace the 14-day members-meeting notice when the agenda includes a special assessment.

Common scenarios where the rules apply:

Reserve shortfall identified at year-end (board proposes one-time assessment to top up reserves).
Storm damage to common-area infrastructure (often falls under §720.316 emergency authority if a state of emergency applies).
Major capital projects (roof replacement, road resurfacing, pool refurbishment) where reserves were waived in prior years.
Litigation or settlement where the HOA must fund a defense or judgment.

What this page does not cover:

Florida condominium special assessments, which are governed by Chapter 718 (separate statute, separate procedures including post-Surfside SIRS reserve rules that do NOT apply to HOAs).
Whether your community’s declaration requires a member vote at all, or at what threshold; that is in the declaration itself.
Whether a specific assessment qualifies under §720.316 emergency authority.
Litigation strategy for challenging a passed assessment.

Common questions

What notice does a Florida HOA have to give before a special assessment?

Section 720.303(2)(c) requires a written notice of any board meeting at which a special assessment will be considered to be mailed, delivered, or electronically transmitted to members at least 14 days before the meeting, and posted in a conspicuous place in the community at least 14 days before the meeting. The notice must specifically identify that special assessments will be considered.

Does the board need a member vote?

The statute does not impose a uniform member-vote requirement on every special assessment. The community's declaration or CCRs typically set whether and at what threshold a member vote is required. Some communities require a majority of voting interests, others require a supermajority, and some authorize the board to assess up to a defined cap without a member vote. For your community, the answer is in the declaration; this page does not interpret CCRs.

Can the HOA assess without a vote in an emergency?

Section 720.316 grants the board emergency-repair authority for damage caused by an event for which a state of emergency is declared. The board may take certain actions, including incurring expenses for cleanup, repair, and reconstruction, without the member vote that would otherwise be required by the governing documents. The authority is narrow; ordinary deferred maintenance does not qualify.

Can I challenge a special assessment after it passed?

Whether and how a passed assessment can be challenged depends on the procedure that was followed (notice, vote threshold, scope of the assessment) and your community's governing documents. That is a Florida HOA attorney question; this page does not evaluate the specific facts of an assessment.

When to talk to a Florida HOA attorney

HOAStream is an information-lookup tool. It points you to the exact statute text on the topic you asked about; it does not give legal advice, interpret your specific situation, or recommend action. If your question involves any of the following, talk to a Florida HOA attorney:

Pending litigation, demand letters, or threatened lawsuits.
A specific board procedure where the HOA may have already acted improperly.
Document interpretation (your community’s CCRs, bylaws, or rules).
Strategy decisions about how to respond to a board action.

For attorney referrals, the Florida Bar Lawyer Referral Service is at 800-342-8011.

Florida HOA reserve requirements (§720.303(6)) (waived reserves often drive assessments)
Florida HOA fines and the 14-day hearing notice (§720.305)
Florida HOA estoppel certificates (§720.30851) (estoppel discloses any pending assessment)
Florida HOA records requests under §720.303(5) (assessment notices and budget docs are records)
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