A special assessment notice in your Florida condo mailbox: what it must say and when it must arrive

Many Florida condo associations are facing big repair and reserve bills right now. For many owners, that means a special assessment. The notice usually arrives in the mail or by email, often with a large number and a meeting date.

Florida's condo law, Chapter 718 of the Florida Statutes, sets rules for that notice. This article walks through what the 2026 statutes say, what to check, and who to ask. It is a guide, not legal advice. Your association's own documents, called the declaration and bylaws, add their own rules, and the association attorney is the right person for questions about your building.

How early the notice must arrive

Section 718.112(2)(c) covers board meetings. It says written notice of a meeting at which a nonemergency special assessment will be considered must be mailed, delivered or electronically transmitted to the unit owners. The notice must also be posted conspicuously on the condominium property. Both must happen at least 14 days before the meeting.

The law also asks for proof. Evidence that the 14-day notice was given must be made by an affidavit, a signed sworn statement, filed with the official records of the association. Owners have a right to see the association's official records, so that affidavit is something you can ask about.

Compare that with an ordinary board meeting. For those, the same section requires notice posted conspicuously on the condo property at least 48 continuous hours ahead, naming all agenda items, except in an emergency. A special assessment gets more time because it costs owners money.

What the notice must say

Section 718.112(2)(c) says the notice of any meeting where regular or special assessments will be considered must specifically state that assessments will be considered. It must also give the estimated cost and a description of the purposes of the assessments.

A second rule is in section 718.116(10). It says the specific purpose or purposes of any special assessment must be set out in a written notice sent or delivered to each unit owner. So a notice that just says "special assessment, $8,000" with no reason does not match what the statute describes.

What the money may be used for

This is the part many owners do not know. Section 718.116(10) says the funds collected from a special assessment must be used only for the specific purpose or purposes in that notice. If the money was raised for the balconies, it is meant for the balconies.

What if the job costs less than planned? The same subsection says any excess funds are considered common surplus. At the board's discretion, the extra may be returned to the unit owners or applied as a credit toward future assessments.

Emergencies and email

The 14-day rule is written for nonemergency special assessments. Section 718.112(2)(c) also says an item not on a meeting notice may be taken up on an emergency basis by a vote of at least a majority plus one of the board members. Such emergency action must be noticed and ratified, meaning formally approved, at the next regular board meeting.

One more rule: board members may talk by email, but section 718.112(2)(c) says a board member may not cast a vote on an association matter by email. Votes happen at a properly noticed meeting.

If a payment is late

Under section 718.116(3), unpaid assessments earn interest at the rate in the declaration, and if the declaration sets none, at 18% per year. If the declaration or bylaws allow it, the association may also charge a late fee of up to the greater of $25 or 5% of each late installment. If you cannot pay on time, talk to the board or manager early and ask, in writing, whether a payment plan is possible.

What to do

If you are an owner:

• Check the dates. Count the days between when the notice was mailed or emailed and the meeting date. Was it at least 14 days?
• Look for the three pieces the law names: a statement that assessments will be considered, the estimated cost, and what the money is for.
• Go to the meeting, or watch it if it is offered online. Ask how the number was figured and when payments are due.
• Keep the notice. If you later wonder how the money was spent, it is your record of the stated purpose.
• Have questions about the process? Ask the board in writing first. DBPR's Division of Florida Condominiums, Timeshares and Mobile Homes and the state Condominium Ombudsman can explain owners' rights. A private attorney can advise on your situation.

If you serve on the board:

• Before sending notice, have the association attorney review the wording against section 718.112(2)(c), section 718.116(10) and your declaration and bylaws.
• Write the purpose clearly and specifically. That sentence decides what the money can be used for later.
• Calendar the 14 days with room to spare, post the notice on the property, and file the affidavit in the official records.
• Track special assessment funds separately so you can show owners they were spent on the stated purpose, and decide with counsel how any excess will be handled.