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The condominium and cooperative laws do not address whether unit owners or the board must approve special assessments; however, they do provide minimum noticing requirements for meetings to consider special assessments.Condominium: Sections 718.116(10) and 718.112(2)(c)1., Florida Statutes Cooperative: Sections 719.108(9) and 719.106(1)(c), Florida Statutes 6.Special assessments are assessments levied against unit owners other than the assessments required by the annual budget.Condominium: Sections 718.103(1) and (24) and 718.112(2)(g), Florida Statutes Cooperative: Sections 719.103(1) and (23) and 719.106(1)(g), Florida Statutes 5. The governing documents should specify whether the board or the unit owners may approve special assessments.If this notice is not given at least 30 days before the foreclosure action is filed, and if the unpaid assessments, including those coming due after the claim of the lien is recorded, are paid before the entry of a final judgment of foreclosure, the association will not recover attorney's fees or costs. Can the board charge condominium or cooperative unit owners to use the common elements or common areas?Condominium: Section 718.116(6)(b), Florida Statutes Cooperative: Section 719.108(4), Florida Statutes 11. The association may not charge a use fee against a unit owner for the use of the common elements, common areas, or association property, unless otherwise provided for in the condominium declaration or cooperative governing documents or by a majority vote of the association or unless the charges relate to expenses incurred by an owner having exclusive use of the common elements, common areas, or association property.Condominium: Section 718.116(3), Florida Statutes Cooperative: Section 719.108(3), Florida Statutes 7.Can the association suspend a unit owner's voting rights because the unit owner is late in paying assessments?
If a rate is not provided in the declaration or cooperative documents, interest will accrue at the rate of 18 percent per year.A unit owner prevailing in an action between the association and the unit owner under section 718.303(1) or 719.303(1), Florida Statutes, in addition to recovering his or her reasonable attorney’s fees, may recover additional amounts as determined by the court [or arbitrator] to be necessary to reimburse the unit owner for his or her share of assessments levied by the association to fund its expenses of the litigation.Condominium: Section 718.303(1), Florida Statutes Cooperative: Section 719.303(1), Florida Statutes 9.These services are common expenses if the declaration so provides, or if the condominium or cooperative association contracts with a service provider.The cost for the services under a bulk rate contract may be allocated on a per-unit basis rather than a percentage basis, if the declaration provides for other than an equal sharing of common expenses.
Can the condominium or cooperative association charge interest on assessment fees even if it is not provided for in the governing documents? Can the association suspend a unit owner's voting rights because the unit owner is late in paying assessments? If I prevail in a legal action against the condominium or cooperative association, can I recover attorney fees and assessment fees that were levied by the association to fund its expenses of the litigation? Does the condominium or cooperative association have to accept my check for late assessments? Does an association have to give notice to an owner before it forecloses on a unit for unpaid assessments? Can the condominium or cooperative board put a lien on an owner’s unit if the owner doesn't pay a fine? Can the board of administration use association funds to purchase gifts for condominium or cooperative board members? Can the board charge condominium or cooperative unit owners to use the common elements or common areas? Does the board have to hire the company that prepares the lowest bid? Is our board required to obtain competitive bids before hiring a lawyer? Is it true the cost of bundled services for internet and cable television service is a common expense, whether or not I use the service? Who adopts the condominium or cooperative association’s annual budget, unit owners or the board of directors?