Who pays a special assessment when you buy or sell a Florida condo?

October 29, 2026 · Zach Curtis, REALTOR®, Realty Hub

Short answer: it depends on when the assessment was approved and what your contract says. Florida law makes sure the association gets paid, and the standard contract forms let the buyer and seller decide between themselves who pays. Here's how the pieces fit, with the statutes and forms behind each one.

What a special assessment is

A special assessment is a charge on top of regular monthly dues, approved by the association for a specific purpose, such as concrete restoration, a roof, elevators, a reserve shortfall or an insurance increase. Florida law requires the purpose to be stated in a written notice to each owner, and the money can only be used for that purpose; anything left over is treated as common surplus and can be returned to owners or credited toward future assessments (§718.116(10), Florida Statutes).

Before a non-emergency special assessment is voted on at a board meeting, written notice must be mailed, delivered or sent electronically to owners and posted at the property at least 14 days ahead, and the notice must say that assessments will be considered and give their estimated cost and purpose (§718.112(2)(c), Florida Statutes). That's why recent board agendas and minutes are the first place an upcoming assessment shows up.

How common they are in listings right now

Live right now: how often condo listing remarks on zach.homes mention a special assessment (320 of 6,053 listings in these cities).

Live from active BeachesMLS listings on zach.homes, as of October 31, 2026. A word count of the listing remarks only. A listing that says nothing doesn't mean there's no assessment. The association's estoppel certificate and records are the real source.

Search condos: Hallandale Beach, Hollywood, Aventura, Sunny Isles Beach.

What Florida law says at closing

The statute protects the association, not either party: a new owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of the transfer of title, and the new owner can then try to recover what they paid from the previous owner (§718.116(1)(a), Florida Statutes). In plain terms, unpaid amounts due before closing don't disappear when the unit changes hands, which is why they're normally paid off at closing.

The tool that catches them is the estoppel certificate. The association must issue it within 10 business days of a request from the owner or their designee (usually the title company). It lists the regular assessment and, itemized, all assessments, special assessments and other charges owed on the date it is issued, plus any that are scheduled to come due while it is in effect. It is valid for 30 days (35 if it is mailed). A buyer or lender that relies on it is protected: the association can't later collect more than the certificate stated for that period (§718.116(8), Florida Statutes).

What the standard contract rider lets you choose

If your deal uses the Florida Realtors/Florida Bar residential contract, the condo terms are in its Condominium Rider (form CR-7, revision 06/2025). Its special assessment section has check-boxes, and what happens if a box is left blank is written into the form (Florida Realtors: CR-7 Condominium Rider, 06/2025 revision):

• Approved before the contract's effective date: buyer or seller pays it in full before or at closing; if left blank, the seller.
• Approved after the effective date but before closing: again buyer or seller pays it in full; if left blank, the seller.
• Payable in installments that the association lets a buyer take over: the seller pays installments due on or before the closing date, and a separate box decides who pays the ones due after closing; if left blank, the buyer. If the seller is checked, or the association won't let a buyer take over installments, the seller pays the assessment in full at or before closing.
• When an assessment counts as approved: the rider treats it as levied on the date it is approved as required for enforcement under Florida law and the condo documents. The seller also lists assessments levied, or discussed at a board meeting in the 12 months before the effective date.

Other contract forms, including the Florida Realtors condo addendum used with some contracts, word this differently, and anything can be negotiated. Read the version in your contract, which boxes are checked, and how they fit with the estoppel certificate. That's a question for a Florida real estate attorney, and it's worth asking before you sign.

For buyers: how to avoid a surprise

1. Before you offer, ask the listing side in writing whether any special assessment is approved, proposed or on a recent agenda, and what it's for.
2. Read the last 12 months of approved board minutes, the budget and the SIRS. A reserve study that calls for more than the budget collects is an early sign. See milestone inspection, SIRS and assessment questions to ask before you offer.
3. Make sure the condominium rider's assessment boxes are checked the way you agreed, not left to the default by accident.
4. Compare the estoppel certificate with what the seller disclosed. If it shows something new, call your attorney and agent right away.
5. Price it in. An assessment you'll pay after closing is part of the cost of the home, just like the dues. The mortgage calculator lets you add the HOA amount to your monthly cost.

For sellers: what to have ready

• A list of any assessment approved or discussed in the past 12 months, with amount, purpose and payment schedule, so the rider's disclosure is complete.
• Whether the association lets a buyer take over remaining installments, since the rider depends on it.
• A recent ledger from the association, so the estoppel certificate holds no surprises at closing.

Thinking about selling? Start with a home value request and Zach will walk through what's owed and what to disclose.

Not legal advice

This post summarizes Florida statutes and a standard contract form as of October 29, 2026. It isn't legal advice, and contracts, condo documents and facts vary. Talk to a Florida real estate attorney about who pays in your deal. Browse condos for sale or read South Florida condo rules next.

Published October 29, 2026 by Zach Curtis, REALTOR®, Realty Hub, license SL3664129. General information for South Florida, not legal, tax, insurance or lending advice. Laws, programs and prices change; check the official sources above, and ask a Florida attorney, CPA, insurance agent or lender about your situation. Listing numbers are asking prices and rents from BeachesMLS on the date shown. Equal Housing Opportunity. Zach Curtis and Realty Hub follow federal, Florida and Broward County fair housing law. Every listing is open to everyone. We never steer anyone by race, color, religion, sex, national origin, disability, familial status, age, sexual orientation, gender identity, or any other protected class.