The extended deadline for Florida condominium reserve studies expired at the end of 2025, and the financial consequences are now landing on individual unit owners. Buildings across South Florida have completed the structural inspections and reserve studies mandated in the wake of the 2021 Surfside collapse, and many condominium boards are responding with large special assessments to fund needed repairs and reserves. At Perez Mayoral, P.A., a Coral Gables real estate firm that represents owners rather than associations, those bills are generating new questions about what owners can be made to pay and what they can legally challenge.
After the Surfside tragedy, Florida enacted SB 4-D in 2022, requiring older condominium buildings to complete milestone structural inspections and reserve studies. In 2025, HB 913 revised those obligations. It extended the reserve study deadline to the end of 2025, raised the reserve threshold for covered components, and allowed associations to fund reserves through special assessments, loans, or lines of credit with owner approval. While framed as relief, the law primarily gives boards more ways to raise or borrow money, and the cost still flows to owners.
Older buildings in communities such as Coral Gables are especially exposed because years of deferred maintenance are surfacing at once. Not every assessment is proper, and not every board follows the association's declaration, also known as the governing documents or rules and regulations. Owners often have grounds to push back when their association adopts assessments without the notice or votes the law requires, mismanages or misapplies reserve funds, ignores repairs while charging owners for the neglect, or enforces rules selectively.
"Some of these charges are legitimate, and some are not," said Erik A. Perez, co-founder of Perez Mayoral, P.A. "Owners have real rights here, and the earlier they understand them, the more options they have."
The implications for South Florida's condominium market are significant. As assessments mount, owners may face financial strain, potential liens, or forced sales if they cannot pay. However, the legal framework also provides avenues for recourse. Attorneys like Perez argue that associations must strictly adhere to statutory requirements and governing documents, and failure to do so can invalidate assessments. For owners, the key is timely action. Challenging an improper assessment often requires prompt legal intervention to prevent foreclosure or other penalties.
Moreover, the situation highlights a broader tension between safety mandates and affordability. While the inspections and reserves are necessary to prevent future tragedies, the financial burden on individual owners—many of whom are retirees on fixed incomes—can be overwhelming. This has led to calls for more state support or alternative funding mechanisms, but so far, the cost remains with owners.
As the deadline has passed, boards are moving forward with assessments, and owners are left to navigate a complex legal landscape. Understanding their rights under Florida law is crucial. For those who believe they have been unfairly assessed, consulting with a firm that specializes in representing owners, such as Perez Mayoral, P.A., can provide clarity and options.
