Key Takeaways
- Yes, they can force you. New Florida laws say boards must fix safety issues. They do not need your vote to pass special assessments for structural repairs.
- The deadlines are here. As of January 1, 2026, Florida boards can no longer waive or skip saving money for reserve funds.
- The bills are huge. Special assessments in South Florida are ranging from $10,000 to over $130,000 per unit right now.
- Your ESA is safe. A board cannot deny your Emotional Support Animal just because you owe money for a special assessment.
- We are here to help. The Law Offices of Herb M. Milgrim, P.A. represents individual unit owners to make sure you get the best legal advice.
Hello! My name is Attorney Herb Milgrim. We have been in business for over a decade, and we are very highly rated and have won multiple awards. The name of my firm is The Law Offices of Herb M. Milgrim, P.A. and we represent the Condo Owners in Fort Lauderdale, Miami, Hollywood, Hallandale and Aventura. We are an HOA attorney that represents individual unit owners to ensure you get the best legal advice. We love cases that regard ESA Accommodation and Service Animal Accommodation.
At The Law Offices of Herb M. Milgrim, P.A., we believe that great representation goes beyond knowing the law — it’s about standing up for people when the stakes are high, when the odds are heavy, and when the system feels overwhelming. Founded by Attorney Herb Milgrim, the firm was built on a simple conviction: every client deserves clarity, compassion, and a champion in their corner. Whether it’s a condo dispute, ESA Accommodation or Service Animal Accommodations, we bring the same level of preparation, precision, and purpose to every case we handle. We don’t just file motions or show up in court. We fight with strategy, we counsel with empathy, and we work to restore what’s been lost — dignity, stability, or peace of mind.
We also represent clients in Emotional Support Animal dogs and condo owners. If you are dealing with a crazy condo board, you are in the right place.
Can a Florida Condo Board Force You to Pay for Special Repairs You Didn’t Vote For?
Yes, a Florida condo board can force you to pay for special repairs you didn’t vote for, especially if the repairs are for the building’s safety. New state laws passed after the Surfside tragedy force condo boards to fix structural problems and fund their reserve bank accounts, and they do not need the owners to vote “yes” to pass these mandatory bills.
In the past, living in a condo was simple. If the roof needed fixing, the board would hold a meeting. The owners would vote. If the owners said “no,” the roof did not get fixed. People liked this because it kept their monthly fees low.
But keeping fees low caused big problems. Buildings started falling apart. After the terrible collapse of Champlain Towers South in 2021, the lawmakers in Florida changed everything. They passed a law called SB 4-D, and later HB 913. These laws say that safety is not a choice anymore.
If your building is three stories or taller, the board has to hire an engineer. The engineer does a Structural Integrity Reserve Study (SIRS). They check the roof, the walls, the plumbing, and the electric. If the engineer says it needs to be fixed, the board must fix it.
Because the law says they must fix it, the board does not need your permission. They do not need a vote. They just send you a bill. This bill is called a special assessment. This is why so many people have major assessment anxiety today.
The Shocking Numbers: What is Happening to Florida Condos Right Now?
Very few people are talking about the real numbers behind this crisis. The data is scary. If you live in South Florida, you need to know these facts.
According to research from real estate groups like GoverningDocs, 56% of condos in Miami-Dade County are failing to meet the new SIRS safety rules. That means more than half of the buildings in Miami have serious money problems or safety problems.
Right now, a study of Florida condo reserve accounts shows that 26.9% of associations are critically underfunded. This means they have less than 30% of the money they actually need in the bank. When a building has no money saved, the only way to get money is to force the owners to pay a special assessment.
The bills are crushing people. In cities like Hollywood and Hallandale, owners are getting hit with assessments of $40,000 to $50,000 for a simple one-bedroom unit. In some luxury buildings, the assessments are over $130,000 per unit!
Monthly fees are also going up fast. Between 2019 and 2023, the median HOA fee in Miami-Dade jumped almost 60%. Today, in 2026, some average condo fees in South Florida are reaching $1,900 a month just for the HOA dues. That does not even include your mortgage!
Because of all these surprise bills, many people are trying to sell their condos. But no one wants to buy them. Data from the Florida Realtors Association shows that condo inventory in South Florida jumped by 143% recently. There are over 20,000 condos sitting on the market. And the Federal Reserve Bank of Atlanta notes that condo prices for buildings under $500,000 have dropped by 6% to 7% in Broward and Palm Beach counties. For older buildings over 30 years old, prices have crashed by 19%.
You are not crazy for feeling stressed. The math is really bad right now.
Why January 1, 2026 Changed Everything
You might be asking, “Why am I getting this massive bill right now?”
The answer is the law. For decades, Florida allowed condo owners to vote to waive their reserve funding. This means the owners could say, “Let’s not save money for a rainy day. Let’s just pay for things when they break.”
That loophole is officially closed. As of January 1, 2026, it is illegal for a condo board to waive reserve funding for eight structural items. These items include the roof, load-bearing walls, fire protection, plumbing, electrical systems, waterproofing, windows, and doors.
Because the board can no longer waive the reserves, they have to collect the money now. If the building is 30 years old and never saved a penny, the board has to catch up all at once. This is why you are seeing a $50,000 bill in the mail that you did not vote for. The state of Florida is forcing the board’s hand.
What Happens If You Cannot Pay the Special Assessment?
This is the scariest part for many of our clients. What happens if you are retired, living on a fixed income, and simply do not have $40,000 laying around?
First, do not panic. Do not ignore the letters from the board.
If you do not pay a special assessment, the condo board has a lot of power. They can charge you late fees. They can charge you high interest rates. They can even place a lien on your condo. A lien means they have a legal claim to your property. If you still do not pay, the board can actually foreclose on your home and take it from you. Yes, even if you own your condo free and clear, the HOA can take it for unpaid assessments.
But there is some good news. Local governments know this is a huge problem. For example, Miami-Dade County recently relaunched their Condominium Special Assessment Loan Program. They put $15 million into this program to help condo owners.
If you qualify, you can get a loan from the county for up to $50,000 to pay your special assessment. The best part? For many low-to-moderate-income families, the interest rate is 0%. Programs like this are saving people from losing their homes. You can look at the Miami-Dade County housing website for more info on how to apply.
If your board is acting shady about the money, we can help. Sometimes boards pass a “special assessment” for things that are not structural safety. If they try to force you to pay $10,000 for a fancy new lobby or a new clubhouse without a vote, that is illegal. They only get to skip the vote for safety and structural items. If they break the rules, contact us right away.
Emotional Support Animals and Assessment Retaliation
Let’s talk about something we deal with every single day at our law firm. We love cases that regard ESA Accommodation and Service Animal Accommodation.
Sometimes, an owner cannot pay the special assessment right away. They might ask the board for a payment plan. The board gets angry. The board decides they want to punish the owner.
How do they punish you? They start looking for ways to make your life miserable.
If you apply to have an Emotional Support Animal (ESA) live with you, the angry board might deny your application. They might say, “You owe us $15,000 for the roof, so you cannot have a dog.”
This is 100% illegal.
Under the federal Fair Housing Act and Florida law, your right to have an Emotional Support Animal has nothing to do with your HOA balance. A board cannot hold your health and your animal hostage just because you owe them money.
In the United States, over 54% of all housing discrimination complaints are related to people with disabilities. Boards use ESA dogs as a weapon to bully owners all the time. They will say your dog is too big. They will say they don’t like your doctor’s note. But the truth is, they are just mad about the money.
We fight back against this. If your condo board in Fort Lauderdale, Miami, Hollywood, Hallandale, or Aventura tries to deny your ESA dog because of a dispute over assessments, we will step in. We counsel with empathy, and we fight with strategy. We will protect your right to keep your furry friend.
How The Law Offices of Herb M. Milgrim, P.A. Can Protect You
When you get a giant special assessment bill, you need someone on your side. Boards have their own lawyers paid for by your monthly fees. You need your own champion.
When you hire us, we look at the facts. We ask the hard questions:
- Did the board get a real engineer to do the SIRS report?
- Are they using the assessment money for true safety repairs, or are they sneaking in cosmetic upgrades?
- Did they give you the proper 14-day written notice before the meeting where they passed the assessment?
- Are they bullying you about your ESA dog?
If the board messes up the legal process, we can challenge the assessment. We represent individual unit owners to ensure you get the best legal advice. You do not have to fight the system alone.
10 Common Questions Asked to Florida Lawyers About Special Assessments
- Can a condo board force me to pay a special assessment without a vote?
Yes. If the assessment is for structural safety, the roof, or mandatory reserves under the new Florida laws, the board does not need owner approval. They must do the repairs by law.
- What happens if I refuse to pay the assessment?
If you refuse to pay, the board will charge you late fees and high interest. They can put a lien on your property. Eventually, they can foreclose and take your condo.
- Can I sell my condo if it has a special assessment?
Yes, but you must tell the buyer about it. The new laws give buyers a 7-day review period to back out if they see hidden costs. You will likely have to lower your selling price to get someone to buy it.
- Are there any loans available to help pay this?
Yes. Some counties, like Miami-Dade, offer a Condominium Special Assessment Loan Program. This program offers up to $50,000 with 0% interest for owners who qualify based on their income.
- Can the board deny my ESA dog because I owe them assessment money?
No. Denying a valid Emotional Support Animal because of unpaid bills is illegal. It is housing discrimination. We can help you fight this.
- How much are special assessments usually?
Right now in South Florida, they are very high. Small buildings might see $5,000 to $15,000 per unit. Older buildings with lots of deferred maintenance are seeing bills of $40,000 to $130,000 per unit.
- Can I sue the board for not saving money in the past?
It is very hard to sue past board members for not saving money, especially because Florida law used to allow owners to vote to waive the reserves. You cannot usually sue them for following the old rules.
- Can the board spend special assessment money on whatever they want?
No. Florida law says special assessment money can only be used for the exact reason stated in the notice. If they collect money for the roof, they cannot spend it on a new pool deck.
- Do I get to see the engineer’s report?
Yes. You have a legal right to request and read the Structural Integrity Reserve Study (SIRS). If the board hides it from you, they are breaking the law.
- What is the January 1, 2026 deadline?
This is the date when condo boards are no longer allowed to skip or waive reserve funding for critical structural items. They must start collecting the full amount needed to keep the building safe.
At The Law Offices of Herb M. Milgrim, P.A., we know how scary it is to face huge bills and aggressive condo boards. We represent condo owners in Fort Lauderdale, Miami, Hollywood, Hallandale, and Aventura. If you are dealing with assessment anxiety, or if your board is messing with your Emotional Support Animal, do not wait. Call us today. We are the champion in your corner.