Our Fort Lauderdale, FL condo attorney knows that condo fees are a regular part of owning a condominium, covering maintenance, repairs, and shared amenities. While most condo owners expect some fluctuation in fees over time, unexpected increases without proper notice or justification can create financial strain and frustration. If your condo association raised fees without warning or failed to follow the proper procedures, you may have the right to challenge the increase under Chapter 718 of the Florida Statutes. We believe in advocating for our clients when they are treated unfairly. Call us today; we offer 24/7 live call answering.
How Condo Fee Increases Are Supposed To Work
Condo associations must comply not only with their governing documents (the declaration, bylaws, and rules and regulations), but also with Florida law, including Section 718.112(2)(e), which governs budgets and assessments. This law requires that associations adopt an annual budget and provide at least 14 days’ notice of any board meeting where the budget will be considered. Owners must be given a chance to review and question the budget before it’s finalized.
Additionally, if a proposed budget results in an assessment increase greater than 115% of the previous year’s assessments, unit owners representing at least 10% of the voting interests may submit a written request for a unit owner meeting to reconsider the budget, as provided in Section 718.112(2)(e)2.a..
Fee increases must also be reasonably necessary to cover the legitimate needs of the condominium, such as rising maintenance costs, emergency repairs, or replenishing reserve accounts. Associations cannot impose arbitrary increases without transparency or homeowner involvement.
Reviewing The Governing Documents And State Laws
If your condo fees suddenly increased, the first step is to review both your association’s governing documents and Florida Statutes Chapter 718, especially Section 718.112 on board meetings and budget procedures. This will help you determine:
- Whether proper notice was provided before the budget meeting.
- Whether the board followed the vote or reconsideration requirements.
- Whether the fee increase complies with both the law and your condo documents.
Keep copies of all board communications, including meeting notices, minutes, and any budget materials provided to unit owners. These may serve as key evidence if legal action becomes necessary.
Request An Explanation From The Board
If the fee increase seems unjustified or the board failed to provide notice, ask for a clear explanation. Submit a written request to the board, asking them to outline the reason for the increase, how the decision was made, and whether a vote or notice period was required under the governing documents.
Florida law allows unit owners to submit written inquiries to the board, and under Section 718.112(2)(a)2., the board is required to respond within 30 days (or 60 days if referred to legal counsel). Use this right to request a detailed explanation of the fee increase, including how the board arrived at the decision and whether the proper process was followed.
Challenge The Increase Through Formal Channels
If your request is ignored or the board maintains that the increase is valid despite not complying with legal requirements, you may have grounds for formal dispute resolution. Under Section 718.1255, disputes between unit owners and associations concerning assessments, meetings, and recordkeeping may be subject to mandatory pre-suit arbitration or mediation through the Florida Department of Business and Professional Regulation (DBPR).
If informal or administrative remedies fail, litigation may be necessary to protect your financial interests. A court may invalidate the increase, award reimbursement, or order compliance with proper procedures.
Protect Your Financial Rights As A Homeowner
If your condo fees have increased without warning and the board refuses to address your concerns, you don’t have to accept it. You have the right to take legal action against your condo company. At Perez Mayoral, P.A., we help condo owners challenge unfair fee increases and hold condo associations accountable when they fail to follow proper procedures. We have offices in Tampa, Orlando, Miami, and more, so reach out when you are ready. Contact us today to discuss your situation and explore your options for challenging an unexpected fee increase.
