Miami, FL 
Last Updated – August 4, 2026 Read Time – 
Can a Florida Condo Owner Withhold Assessments Over an Association Dispute? The Statutory Answer
POSTED ON August 10, 2026
Key Takeaways
- Section 718.116(1)(a), Florida Statutes, generally makes each condo owner personally responsible for assessments that come due while they own the unit, even if they disagree with the association. An owner can still argue that a particular assessment was not properly levied under the statute or the governing documents, but the law does not allow owners to withhold otherwise valid assessments simply because they are unhappy with association decisions.
- Florida law does not recognize assessment withholding, setoff, or abatement as a valid remedy for a condo owner in a dispute with the association. Section 718.116(2) makes clear that a condo owner cannot avoid paying assessments by refusing to use the amenities or by moving out and “abandoning” the unit. This subsection does not address every possible legal issue about assessments, but it does foreclose the common argument that “I don’t use the common areas, so I shouldn’t have to pay for them.”
- If a condo assessment is not paid when due, interest accrues at the rate stated in the association’s declaration, up to the maximum rate allowed by law; if no rate is stated, the statute supplies a default rate of 18% per year. When provided for in the declaration or bylaws, the association may also charge an administrative late fee and recover reasonable attorney’s fees and collection costs, which must be applied in the payment order set out in Section 718.116(3).
- An unpaid assessment creates a statutory lien on the unit under Section 718.116(5), Fla. Stat. If assessments remain unpaid after proper notice, the association can record a claim of lien and file a lawsuit to foreclose that lien under Section 718.116(5)–(6). A lien foreclosure is a court case that can lead to the sale of the unit, and while it shares some steps with mortgage foreclosure, it is governed by specific condo statutes and procedures.
- When the association fails to maintain a common element or breaches the declaration, the safer approach is to keep paying valid assessments and pursue your repair or damages claim on a separate track. Depending on the type of dispute, you may need to start with a 718.1255 arbitration petition, or you may be allowed to file directly in circuit court, and in some cases you may also have rights under the association’s insurance policy; a Florida condo lawyer can help you choose the right procedure for your specific situation. Under Florida’s condo statute, your obligation to pay valid assessments and your right to pursue the association for repairs or damages are treated as separate legal issues. You cannot simply subtract your damages claim from what you owe and pay the difference on your own, though a court can consider both sides’ claims together in a lawsuit and decide what each party ultimately owes.
In This Article
- Short Answer
- How Florida Law Handles This Issue
- Key Legal Rules
- Comparison Table: Withholding Assessments vs. Proper Legal Remedies
- How This Issue Typically Comes Up
- Common Mistakes Associations Make
- What Associations Typically Argue — and Why It Fails
- How the Statute Resolves This
- Edge Cases and Nuances
- What Homeowners Should Do
- When Legal Action May Be Necessary
- Actionable Summary Table
- Related Knowledge — Cross-Chapter Linking
- FAQ
- Key Terms Defined
- Conclusion
- About the Author
- Call to Action
- Disclaimer
- Sources
Short Answer
No. A Florida condominium unit owner cannot withhold assessments as a response to a dispute with the association. Section 718.116(1)(a), Fla. Stat., imposes unconditional liability for all assessments that come due while the owner holds title, and Section 718.116(2), Fla. Stat., provides that assessment liability cannot be avoided by waiver of use or enjoyment of any common element or by abandonment of the unit. Chapter 718 does not give condo owners a built‑in statutory right to reduce or “set off” their assessment balance because the association breached a duty or failed to maintain common elements. In most communities, the declaration and bylaws also state that owners must pay assessments in full and pursue any separate claims for damages or repairs through the legal process rather than by unilaterally reducing what they pay. The proper path is to pay assessments in full and pursue a separate, independent legal claim for the association’s breach.
How Florida Law Handles This Issue
Florida’s Condominium Act, Chapter 718, Fla. Stat., treats assessments as unconditional financial obligations tied to ownership of a unit — not as conditional payments that the owner may reduce or withhold based on perceived association failures. This framework reflects a structural policy choice: the association’s ability to fund operations, maintenance, and reserves cannot be made hostage to individual unit-owner disputes about the quality or timeliness of association services. If every dissatisfied unit owner in a Miami-Dade high-rise could withhold assessments pending resolution of their maintenance complaints, the association’s cash flow would collapse and repairs would halt entirely — harming all owners, not just the complaining one.
Section 718.116(1)(a), Florida Statutes provides:
A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the owner may have to recover from the previous owner the amounts paid by the owner.
The phrase “regardless of how his or her title has been acquired” and the absence of any qualification based on the owner’s satisfaction with association services signal that assessment liability is unconditional. The statute does not say that a unit owner is liable for assessments unless the association has failed to maintain common elements, or unless the association has breached the declaration. It imposes liability without qualification.
Section 718.116(2) reinforces this framework by foreclosing the two most common theories on which owners have tried to avoid assessment liability. Section 718.116(2), Florida Statutes provides:
The liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made.
No statutory or common-law setoff right exists for a unit owner seeking to reduce assessment obligations against a claim for the association’s failure to maintain common elements. Section 718.116(2) bars assessment avoidance by operation of the text itself — not by inference, not by reference to judicial interpretation. The two most natural self-help theories — “I am not using the amenities so I should not have to pay” and “I moved out so I have abandoned any obligation” — are both explicitly foreclosed by the statute. A Gainesville, FL condo lawyer can help unit owners understand their assessment obligations under Florida law, evaluate the proper legal remedies for association maintenance disputes, and protect their rights without jeopardizing their standing through improper withholding of assessments.
Key Legal Rules
Unconditional Assessment Liability — Section 718.116(1)(a)
Section 718.116(1)(a) establishes that every unit owner — regardless of how title was acquired, regardless of how long the owner has held title, and regardless of any dispute with the association — is liable for all assessments that come due during ownership. Joint-and-several liability attaches at closing: a buyer takes title jointly liable with the seller for unpaid assessments that came due before the transfer. The buyer’s recourse is against the seller personally, not against the association, and the association’s right to collect from the new owner remains intact. See Section 718.116(1)(a), Fla. Stat.
The No-Withholding Rule — Section 718.116(2)
Section 718.116(2) eliminates the two theories most commonly used to justify non-payment of assessments: waiver of common-element use and abandonment of the unit. Florida law does not recognize either theory as a basis for assessment avoidance. An owner who tells the association that they are boycotting the pool, gym, and clubhouse and therefore declining to pay the portion of assessments allocated to those amenities has no legal basis for the position. An owner who leaves the unit vacant and claims to have “abandoned” the obligation by not occupying the unit remains liable for every assessment that accrues during the period of non-occupancy. See Section 718.116(2), Fla. Stat.
Interest, Late Fees, and Mandatory Payment-Application Order — Section 718.116(3)
Section 718.116(3), Florida Statutes provides:
Assessments and installments on assessments which are not paid when due bear interest at the rate provided in the declaration, from the due date until paid. The rate may not exceed the rate allowed by law, and, if no rate is provided in the declaration, interest accrues at the rate of 18 percent per year. If provided by the declaration or bylaws, the association may, in addition to such interest, charge an administrative late fee of up to the greater of $25 or 5 percent of each delinquent installment for which the payment is late. Any payment received by an association must be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment. The foregoing is applicable notwithstanding s. 673.3111, any purported accord and satisfaction, or any restrictive endorsement, designation, or instruction placed on or accompanying a payment. The preceding sentence is intended to clarify existing law. A late fee is not subject to chapter 687 or s. 718.303(4).
The mandatory payment-application order has significant practical consequences for unit owners who try to control how partial payments are applied. An owner who sends a check with a memo notation reading “This payment is for assessments only — do not apply to attorney fees” has accomplished nothing. Section 718.116(3) explicitly overrides any “restrictive endorsement, designation, or instruction” placed on or accompanying a payment. The association must follow this payment order for normal delinquency payments and cannot change it simply because an owner writes directions or conditions on a check, although the owner and association can still enter a written settlement or court‑approved agreement that resolves the debt in a different way. A partial payment intended to cover three months of assessments will be consumed first by accumulated interest and fees, leaving the principal assessment balance partially unpaid — and the delinquency continues.
Comparison Table: Withholding Assessments vs. Proper Legal Remedies
| Owner’s Situation | Withholding Assessments? | Legal Result of Withholding | Correct Alternative Remedy |
| Association fails to repair leaking roof over unit | Not a valid remedy | 18% interest + late fees + lien + foreclosure risk. No setoff recognized. Section 718.116(2). | Pay assessments. File legal action in the appropriate forum to compel repair and pursue damages. |
| Association refuses to maintain pool for months | Not a valid remedy | Same as above. Withholding assessments does not compel maintenance. See Section 718.116(1)(a). | Pay assessments. Send demand letter. Pursue legal action in the appropriate forum for that dispute. |
| Owner placed ‘damages offset’ notation on check | Not effective | Association must apply per Section 718.116(3) order regardless of notation. Restrictive endorsement overridden. | Do not attach conditions to payments. Pursue offsetting claim separately. |
| Owner stopped paying while unit is vacant (abandoned) | Not a valid remedy | Section 718.116(2) bars abandonment as a basis for assessment avoidance. Liability continues. | Pay assessments. Seek to sell or lease the unit. Consult attorney about hardship options. |
| Owner disputing legality of special assessment | Not a valid remedy | Challenge the assessment procedurally (separate claim). Withholding triggers interest, fees, and lien. | Pay under protest. File separate arbitration or legal action challenging the levy authorization. |
How This Issue Typically Comes Up
Assessment‑collection and non‑payment disputes are a frequent source of friction between Florida condo owners and associations, and they often lead to legal action when accounts become seriously delinquent. In Miami-Dade, a unit owner whose roof had been leaking for nearly a year — causing water intrusion into the unit and damaging personal property — stopped paying monthly assessments to “force” the association to make repairs. The association filed suit for unpaid assessments and prevailed on summary judgment. The lien attached to the unit, foreclosure was threatened, and the owner faced the full accumulation of interest at 18% per year, late fees, and the association’s attorney’s fees — while the repair claim was never litigated because the owner had no leverage over the separate assessment obligation.
In the Tampa Bay area, a unit owner used the “I’m not getting the services I’m paying for” argument to justify withholding assessments after the association suspended pool and fitness center access during a renovation. Section 718.116(2) bars this theory directly: the inability to use or enjoy a common element does not reduce assessment liability. The association’s obligation to maintain amenities is a separate question from the owner’s obligation to pay assessments. The two run on independent tracks.
In Broward County, an owner who was disputing a special assessment levy wrote “DISPUTED — ASSESSED AMOUNT CHALLENGED — DO NOT APPLY TO DELINQUENT BALANCE” on the check envelope. Under Section 718.116(3), the restrictive endorsement had no effect. The association was legally required to apply the payment in the mandatory statutory order, and the notation provided no legal protection. The owner’s challenge to the special assessment was a separate legal claim that had to be pursued in an appropriate forum — not through a payment instruction.
In Orlando, a unit owner who disagreed with the association’s handling of a maintenance issue chose the correct path: continuing to pay assessments in full each month while filing legal action in the appropriate forum to compel the association to repair a common element. By keeping the assessment account current, the owner avoided any lien risk, retained the high ground in the arbitration, and preserved the right to pursue a damages claim for the period during which the repair was delayed.
Common Mistakes Associations Make
- Failing to send timely default notices before pursuing lien foreclosure, which may give the owner a procedural defense. Before a condo or HOA can record a claim of lien and start a lien‑foreclosure lawsuit, Florida statutes require the association to send specific written notices and wait the required time periods. If the association skips or mishandles those notices, the owner may have a procedural defense in the foreclosure case even if some assessments are unpaid. Associations that skip required notice steps may find the foreclosure action dismissed on procedural grounds even when the assessment debt is not in dispute.
- Misapplying partial payments in a sequence that does not follow Section 718.116(3). An association that applies a partial payment to reduce the assessment principal first — before satisfying accumulated interest, late fees, and collection costs — is violating the mandatory payment-order rule. This error creates accounting problems and may undermine the association’s collection position.
- Accepting a restrictive endorsement on a payment check without objection, which could be argued as an implicit agreement modifying the payment application. Section 718.116(3) makes clear that restrictive endorsements do not affect the mandatory application order, but an association that cashes a check without noting the statutory override may create an evidentiary ambiguity it then has to litigate around.
- Pursuing lien foreclosure before exploring demand, payment plan, or arbitration options. Lien foreclosure is the association’s ultimate remedy, but associations that move directly to foreclosure without offering the owner a structured payment plan or a mediation opportunity may face equitable arguments in the foreclosure action and may incur additional attorney’s fees without necessity.
What Associations Typically Argue — and Why It Fails
When a unit owner raises a maintenance failure or breach of the declaration as a defense to an assessment collection action, the association argues — correctly — that the two obligations are legally independent. Florida’s condo statute does not give owners a built‑in right to stop paying or reduce valid assessments simply because the association breached a duty or failed to maintain common elements; instead, owners must pay valid assessments when due and pursue any claims about association misconduct through the legal process. Section 718.116(2) bars assessment avoidance by waiver of common-element use or abandonment, and no statutory setoff right exists in Chapter 718 that would permit an owner to reduce the assessment balance by the amount of damages claimed against the association.
The association’s position on this point is statute-driven and correct: paying assessments and pursuing a maintenance-failure claim are not mutually exclusive. The owner pays the assessments as required by Section 718.116(1)(a) and simultaneously pursues the association for breach of the declaration, negligence, or failure to maintain through the appropriate legal channel. The two claims proceed independently. Nothing in Chapter 718 lets a condo owner automatically subtract their maintenance or damage claim from the assessment balance or make assessments payable only if the association performs properly, so any adjustment of what is owed must come from a court ruling, a negotiated settlement, or specific language in the community’s governing documents rather than from unilateral action by the owner.
Where the association’s argument sometimes fails is in the pre-suit context when the association attempts to collect attorney’s fees that were incurred before the mandatory pre-lien notice requirements were satisfied, or when the association asserts that a special assessment was validly levied but the notice and meeting requirements of Sections 718.112(2)(c) and 718.116(10) were not followed. In those procedural scenarios, the owner has a valid defense to the collection action — not a setoff theory, but a challenge to the association’s compliance with the notice and levy requirements that must be satisfied before an assessment becomes legally enforceable.
How the Statute Resolves This
Section 718.116 resolves the assessment-withholding question through three coordinated provisions that work together to make non-payment costly and legally indefensible. Section 718.116(1)(a) establishes the unconditional obligation. Section 718.116(2) forecloses the specific avoidance theories owners most commonly raise. Section 718.116(3) dictates the financial consequences of non-payment and eliminates the owner’s ability to condition or restrict payment application.
Florida law does not recognize a right of setoff or abatement that would allow an owner to reduce assessment liability based on the association’s failure to deliver services or maintain common elements. Section 718.116(2) bars assessment avoidance by its plain text, without reference to the nature or severity of the underlying dispute. The statute does not provide that the no-avoidance rule yields if the association’s breach is serious enough, or if the maintenance failure is documented, or if the owner has already pursued other remedies without success. The obligation to pay assessments is absolute and independent of the association’s performance.
The proper legal channel for the owner’s claim is entirely separate. Section 718.1255(1) says that certain disagreements between condo owners and associations — defined as “disputes” in the statute — must go through non‑binding arbitration or presuit alternative dispute resolution before a lawsuit is filed, but it expressly carves out assessment‑related matters such as the levy or collection of fees and assessments from that arbitration requirement. Because collection of assessments is excluded from the arbitration requirement, an association can file a circuit‑court lawsuit to collect unpaid assessments without arbitrating first, while an owner’s separate claim may or may not need arbitration depending on whether it fits within the statute’s definition of “dispute” — for example, many damage claims and some other issues are also excluded and can go straight to court. These are two separate tracks that can and should proceed simultaneously. See Section 718.1255(1), Fla. Stat.
Edge Cases and Nuances
A unit owner who disputes the validity of a special assessment — arguing that the association lacked the authority to levy it, or that it was not approved at a properly noticed meeting — has a different type of claim than an owner who simply disagrees with how assessment funds are being spent. A procedural challenge to the validity of the levy itself is not a setoff theory; it is a claim that the assessment was never properly created in the first place. Florida law requires that a special assessment be levied at a properly noticed meeting for a specific disclosed purpose under Section 718.116(10), Fla. Stat. An assessment levied in violation of these requirements is challengeable — but the prudent approach is to pay the disputed amount under protest and pursue the validity challenge as a separate action, preserving all remedies without triggering the interest, fee, and lien consequences of outright non-payment.
The joint-and-several liability rule in Section 718.116(1)(a) creates a significant issue for buyers at foreclosure sales. A buyer who acquires a unit at a mortgage foreclosure sale takes title free of most pre-acquisition assessment debt under Section 718.116(1)(b) — but only to the extent specified in the statute, and only for a first-mortgage foreclosure. A buyer at a junior lien foreclosure sale, or a buyer who acquires title by deed in lieu of foreclosure, may have different exposure. The statute’s express reference to “purchase at a foreclosure sale or by deed in lieu of foreclosure” signals that the legislature specifically addressed these acquisition scenarios — buyers should carefully review the applicable provision before closing.
Section 720.3085(3) for HOAs uses a similar approach to assessments as Section 718.116 does for condos: it makes owners responsible for valid assessments, allows interest and late fees on unpaid amounts, and permits the association to record a lien and seek foreclosure when dues are not paid. The exact wording and procedures differ between the condo and HOA statutes, so homeowners should check the specific chapter and their community’s governing documents. A homeowner in a Tampa Bay planned community who withholds HOA dues to protest the association’s failure to maintain common areas faces the same statutory structure as a Miami-Dade condo owner: unconditional liability, mandatory payment-application order, and a lien remedy for the association. No statutory setoff right exists under Chapter 720 either.
What Homeowners Should Do
- Pay every assessment when it comes due, regardless of any dispute with the association. Withholding is not a recognized remedy under Florida law. Non-payment triggers immediate consequences — 18% interest, late fees, collection costs, attorney’s fees, and lien risk — that compound the problem rather than solving it. See Section 718.116(3), Fla. Stat.
- Send a formal written demand letter to the association identifying the specific repair obligation, the governing-document provision requiring it (typically Section 718.113(1) for common element maintenance), and the damages you have suffered. Document the association’s response and any continued delay in writing.
- File legal action in the appropriate forum if the dispute involves a repair obligation or a violation of the declaration. A Florida condo attorney can determine whether your dispute is subject to any presuit ADR requirements or can proceed directly in court. The legal action track runs independently of the association’s right to collect assessments — you can pursue both simultaneously.
- Pursue a direct circuit-court action for breach of the declaration (five-year limitation period) or negligence (two-year limitation period for losses on or after March 24, 2023, under Florida HB 837) for any measurable property damage inside the unit that resulted from a common-element failure. These claims are generally not subject to the arbitration prerequisite and can be filed directly. Cross-reference: the firm’s June 10, 2026 statutes-of-limitations article for details on limitation periods.
- If the association fails to make repairs within a reasonable time after demand, seek an injunction or specific performance order by filing legal action in the appropriate forum, which can compel the association to perform its maintenance obligations under the declaration and Chapter 718.
When Legal Action May Be Necessary
Legal action on the owner’s repair and damages claim becomes necessary when the association fails to respond to a written demand within a reasonable time, refuses to acknowledge responsibility for a common-element maintenance failure, or continues to allow a known defect to cause ongoing damage inside the unit. In those circumstances, the owner should, with an experience Florida HOA attorney, file legal action in the appropriate forum to compel repair — while continuing to pay all assessments to avoid the compounding consequences of Section 718.116(3).
For unit owners throughout Florida — from Miami-Dade condominium buildings to Broward waterfront communities and Tampa Bay midrise towers — the practical reality is that maintaining a current assessment account is both a legal obligation and a tactical advantage in pursuing a repair or damages claim. An owner who is current on assessments is not subject to a counterclaim or lien threat in the repair litigation, retains the moral high ground in negotiations, and demonstrates good faith that reinforces the merits of the underlying claim.
Actionable Summary Table
| Situation | Governing Statute | Consequence of Withholding | Correct Owner Action |
| Monthly assessment past due | Section 718.116(1)(a) | 18% interest per year from due date; late fees; lien risk | Pay immediately. Dispute any improper amount in a separate written challenge. |
| Owner claims association failed to repair common element — withholds assessments | Section 718.116(2) | No setoff right. Full assessment liability continues plus interest, fees, and lien. | Pay assessments. File legal action in the appropriate forum to compel repair. Pursue damages separately. |
| Owner writes ‘assessment principal only’ on check | Section 718.116(3) | Restrictive endorsement has no effect. Association applies to interest first, then fees, then principal. | Do not attempt to restrict payment application. Pay in full. Dispute separate claims separately. |
| Owner stops paying after moving out / unit vacant | Section 718.116(2) | Abandonment does not reduce assessment liability. Full balance accrues with interest. | Pay all accrued assessments. Seek to lease or sell the unit. Consult attorney. |
| Special assessment disputed as improperly levied | Section 718.116(10) + 718.116(1)(a) | Withholding triggers interest and lien. Challenge is to the levy, not a setoff. | Pay under protest. File separate arbitration or circuit-court challenge to the levy. |
| Association refuses to repair — owner has damages claim | Section 718.113(1) + 718.1255(1) | Assessment obligation separate from repair obligation. Non-payment does not compel repair. | Continue paying assessments. File legal action in the appropriate forum to compel repair. File damages suit for losses. |
Related Knowledge — Cross-Chapter Linking
Section 718.116 governs assessment liability, the no-withholding rule, interest, and the payment-application order for condominium unit owners under Chapter 718, Fla. Stat. The direct HOA parallel is Section 720.3085(3), Fla. Stat., which imposes the same unconditional liability, the same interest and late-fee consequences for non-payment, and the same mandatory payment-application order on homeowners in HOA communities under Chapter 720. For HOA communities, Section 720.3085(3) creates a similar structure: owners are generally required to pay valid assessments when due, and unpaid amounts can lead to interest, late fees, a lien, and possible foreclosure. As with condos, homeowners can challenge whether a particular HOA assessment was properly authorized and levied, but Florida law does not give them a general self‑help right to stop paying valid dues because they are dissatisfied with board actions.
Within Chapter 718, Section 718.1255 governs the dispute-resolution framework that owners must use before filing a civil action against the association — with the critical exception that assessment-collection actions by the association are expressly excluded from the arbitration requirement and may be filed directly in circuit court. This asymmetry means the association can collect assessments faster than the owner can obtain a repair order — reinforcing the practical importance of paying assessments currently while pursuing the repair claim on the separate statutory track. Cross-references: Section 718.116 (assessment liability, payment order), Section 718.1255 (dispute resolution, arbitration exclusion for collection actions), Section 720.3085(3) (HOA parallel), Section 718.111(11)(j) (reconstruction for insurable events), Section 95.11 (limitation periods for separate damages claims).
FAQ
Can I withhold my condo assessment because the association is not maintaining the common areas?
No. Section 718.116(1)(a), Fla. Stat., imposes unconditional liability for all assessments that come due while you own the unit, and Section 718.116(2), Fla. Stat., provides that assessment liability cannot be avoided by waiver of use or enjoyment of any common element. Florida law does not recognize setoff or abatement of assessments based on a maintenance failure. The correct approach is to pay assessments and pursue the repair obligation through direct circuit-court action.
What happens if I stop paying my condo assessment?
Unpaid assessments accrue interest at 18% per year (or the declaration rate) from the due date under Section 718.116(3), Fla. Stat. Administrative late fees also accrue. The association may record a claim of lien on your unit under Section 718.116(5) and file a lien foreclosure action under Section 718.116(6) — using the same process as a mortgage foreclosure. Attorney’s fees and collection costs are added to the balance, and under the mandatory payment-application order, any partial payment you make is applied to interest and fees first, leaving the principal balance partially unpaid.
Can I write ‘assessments only — not for attorney fees’ on my check to the association?
No. Section 718.116(3), Fla. Stat., provides that the mandatory payment-application order — interest first, then administrative late fees, then collection costs and attorney’s fees, then the delinquent assessment — applies “notwithstanding… any restrictive endorsement, designation, or instruction placed on or accompanying a payment.” Any notation you place on the check or envelope has no legal effect. The association is required by statute to apply the payment in the mandatory order regardless of your instructions.
What is the correct legal remedy if the association refuses to repair a water leak from a common element?
Pay all assessments currently — do not withhold. Then pursue the repair obligation through a civil action for the damages to the unit and to compel repairs. Arbitration can result in an order compelling the association to make the repair. If you have property damage inside the unit, you may also file a direct circuit-court action for breach of the declaration (five-year limitation) or negligence (two-year limitation for post-March 24, 2023 losses). The two tracks — assessment payment and repair/damages claim — run independently and simultaneously.
Does the no-withholding rule apply to HOAs as well as condominiums?
Yes. Section 720.3085(3), Fla. Stat., is the HOA parallel to Section 718.116 for condominium owners. Under Section 720.3085(3), HOA members face the same unconditional assessment liability, the same interest and late-fee consequences for non-payment, and the same mandatory payment-application order that applies to condo unit owners under Section 718.116(3). Florida law does not recognize assessment setoff or abatement under Chapter 720 any more than it does under Chapter 718.
Key Terms Defined
Assessment:
A monetary obligation levied by the condominium association on each unit owner for the owner’s proportional share of common expenses, including operating expenses, reserve contributions, and special assessments for capital expenditures or unexpected costs. Under Section 718.116(1)(a), Fla. Stat., assessment liability is unconditional and arises automatically when the assessment comes due during the period of ownership.
Setoff / Abatement:
A legal defense or equitable doctrine that would reduce a party’s payment obligation by the amount of a counterclaim owed to that party by the creditor. Florida law does not recognize setoff or abatement of condominium assessments based on an association’s failure to perform its obligations. Section 718.116(2), Fla. Stat., bars assessment avoidance by waiver or abandonment, and no statutory setoff right is provided anywhere in Chapter 718.
Payment-Application Order:
The mandatory sequence in which the association must apply any payment received from a delinquent unit owner, set by Section 718.116(3), Fla. Stat.: (1) interest, (2) administrative late fees, (3) costs and attorney’s fees, (4) the delinquent assessment principal. This order cannot be modified by a restrictive endorsement, a payment designation, or any agreement between the owner and the association that is inconsistent with the statute.
Claim of Lien:
A recorded document under Section 718.116(5), Fla. Stat., that creates a statutory lien on the unit for the amount of unpaid assessments, interest, late fees, and collection costs. The claim of lien is a prerequisite to lien foreclosure under Section 718.116(6). An association may not foreclose a lien for unpaid assessments without first recording a claim of lien and complying with the mandatory pre-lien notice requirements.
Section 718.1255 Arbitration:
A mandatory non-binding dispute resolution process for certain condominium disputes between a unit owner and an association before litigation. But Section 718.1255 does not apply to every condo dispute: it expressly excludes, among other things, assessment-collection actions and claims for damages to a unit arising from the association’s alleged failure to maintain common elements or condominium property, which must instead be pursued in the appropriate forum.
Conclusion
Florida law imposes unconditional assessment liability on every condominium unit owner under Section 718.116(1)(a), bars assessment avoidance by waiver of common-element use or abandonment of the unit under Section 718.116(2), and mandates a statutory payment-application order that overrides any restrictive endorsement or payment designation under Section 718.116(3) — leaving no statutory setoff right, no abatement doctrine, and no self-help remedy for a unit owner who withholds assessments in response to an association dispute, regardless of how well-founded the underlying grievance may be. See Sections 718.116(1)(a), (2), (3), Fla. Stat.
Call Us Today!
If you are a Florida condominium owner who is being pursued for unpaid assessments, has received a notice of lien, or needs to understand your rights when the association has failed to maintain common elements or breached the declaration — contact Perez Mayoral, P.A., with offices in Coral Gables, Tampa, and Orlando. We represent homeowners only. We never represent associations. If the association’s failure to maintain a common element causes damage inside your unit, you may have a claim against the association for breach of the declaration and negligence, in addition to any insurance benefits, and our firm handles these cases for Florida condominium owners.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Florida law changes frequently; consult a licensed Florida attorney for advice specific to your situation.
