Condo Board Seeks Payment for Amenities’ Renovations
Real estate Q&A: Owners ask if they have to pay those costs if they never use the amenities. If proper procedures were followed, then the answer is likely yes.
FORT LAUDERDALE, Fla. – Question: We live in a small condominium. Our board just told us that we need to pay extra each month for the next few years to cover the cost of renovations, including the little gym near the lobby. They did not ask us if we were OK with this or put it up for a vote. We never use the gym. Can they make us pay for this? – Henri
Answer: In condominium associations, regular assessments, also called dues, and special assessments, serve distinct purposes and are handled differently.
Regular dues are recurring charges collected from unit owners to cover routine operational expenses and maintenance costs, typically charged monthly, quarterly, or annually as part of the association’s operating budget.
In contrast, special assessments are additional, non-recurring charges to fund unexpected repairs, major renovations, or emergency expenses not covered by regular dues.
If your association follows the correct procedure, they can pass a special assessment to pay for these unexpected expenses.
Where I practice law in Florida, unless your association’s declaration documents say otherwise, your board can pass a special assessment without a full vote of all the owners. Your board must notify the owners in advance that the board will vote on the issue at a meeting open to the public.
Of course, like many association-related matters, your community may have stricter requirements, so be sure to check your community’s documents.
Since the special assessment was passed to benefit the entire community, every unit owner must pay their share of the renovation even if they disagree with it or do not use the particular amenity.
Your question raises the issue of whether the proper procedure for passing the assessment was followed. If it was not, you can challenge its validity.
Even though your elected board of directors likely has the final say on whether to assess for the renovations, it may only do so after a public meeting so that everyone in the community knows how their money is being sent.
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