Your HOA just levied a special assessment — a one-time charge for a roof project, a hurricane repair fund, a legal-defense replenishment, a painting project. The amount is large. The notice you got was, at best, casual.
Florida law gives you a specific procedural argument to push back. The notice rules are strict, and most HOAs do not follow them precisely.
The statute
Special assessments fall under §720.303(2)(c)2., which imposes notice requirements substantially stricter than those for regular board meetings.
Before the board can vote on a special assessment, the statute requires:
- Written notice mailed (or hand-delivered) to every parcel owner at least 14 days before the meeting
- Posted notice at a conspicuous place in the community (typically the entrance) at least 14 days in advance
- An agenda that specifically identifies the proposed special assessment — not just "new business" or "financial matters"
- A meeting open to all owners with an opportunity to comment before the vote
All four must be satisfied. Skipping any one of them is a procedural defect that the homeowner can raise to invalidate the assessment.
The four most common notice failures
Across special-assessment disputes, the failures we see most:
Failure 1 — Notice mailed less than 14 days before the meeting
The 14-day clock runs from the date the notice is mailed, not from the date the homeowner receives it. A postmark dated less than 14 days before the meeting is itself the violation, regardless of when the homeowner actually opened the envelope.
The objective record is the postmark on the envelope. Save it.
Failure 2 — Notice not mailed at all
Some boards rely entirely on posted notice at the community entrance plus an email blast. Both fail the statute. The notice must be mailed (or hand-delivered) to every parcel owner.
An email is not "mailed" notice under Florida law unless the homeowner has affirmatively opted in to electronic notice for that purpose, and even then the HOA's procedure has to comply with specific statutory requirements.
Failure 3 — Vague agenda
The agenda has to specifically identify the special assessment. An agenda that lists only "new business," "financial matters," or "old business" does not put owners on notice that a special-assessment vote is coming. This is one of the most common defects.
Failure 4 — No posted notice
Posted notice at the community entrance is a separate requirement, in addition to the mailed notice. Many small HOAs skip the posting because they assume the mailed notice covers it. The statute requires both.
How to verify the failure
Send a records request under §720.303(5)(a) for:
- A copy of the mailed notice sent to every parcel owner
- The mailing list (the names and addresses to which it was sent)
- The postage records or affidavit of mailing
- A copy of the posted notice and the date it was posted
- The agenda for the meeting
- The minutes of the meeting at which the special assessment was approved
The HOA has 10 business days to produce. The records will usually expose at least one of the four failures above.
What the response letter should do
A response letter challenging an improperly noticed special assessment should:
- Cite §720.303(2)(c)2. specifically
- Identify the specific notice failure (insufficient mailing time, no mailing, vague agenda, no posting)
- Reference the records produced (or the HOA's failure to produce them)
- Demand that the special assessment be rescinded and that any collection action be suspended pending a properly noticed re-vote
- Reserve the right to invoke mandatory pre-suit mediation under §720.311 and the right to challenge the assessment in litigation if necessary
Most HOAs will rescind and re-notice rather than litigate the procedural defect. Re-noticing costs the HOA stamps and 14 days; litigating costs them attorney's fees.
A note on partial payment under protest
If the special assessment is already in collection and you want to preserve your position, you can pay under protest — but the response letter should make the protest explicit:
"This payment is made under protest. The homeowner reserves all rights to challenge the validity of the underlying assessment on the basis of the procedural defects identified herein. Payment is not a waiver of those defects and is not an admission of the assessment's validity."
A payment without a protest letter can be argued to be a waiver. The protest letter preserves the challenge.
What to do this week
- Find the notice you received. Save the envelope. The postmark date is the most important piece of evidence.
- Compare the postmark date to the meeting date. Less than 14 days = the violation is on the face of the envelope.
- Send the records request for the mailing affidavit, the agenda, and the meeting minutes.
- Draft a response letter citing §720.303(2)(c)2. and the specific failure.
- If the HOA refuses to rescind, demand mediation under §720.311.
Skip the legal research. Give the wizard your notice and the postmark date, and it writes the response letter — §720.303(2)(c)2., the specific notice failure, the demand for rescission — cited, specific, ready to send.