Can a Developer-Controlled HOA Charge a Special Assessment?
Use the free tool — Turnover Check
The short answer
Before turnover, a developer-controlled board cannot simply impose a special assessment on its own. Florida law requires an owner vote first.
What Florida law requires
Under Fla. Stat. 720.315, before turnover, a developer-controlled board may not levy a special assessment unless a majority of the parcel owners other than the developer approve it at a duly called special meeting with a quorum present.
- The meeting must be duly called.
- A quorum must be present at that meeting.
- A majority of the owners other than the developer must approve the assessment.
If you're being asked to pay a special assessment, it's fair to ask whether that meeting and vote actually happened, and to ask for the record of it.
When does the board stop being developer-controlled?
Owners other than the developer are entitled to elect at least a majority of the board three months after 90 percent of the parcels in all phases have been conveyed to members other than the developer, or earlier if the governing documents say so (Fla. Stat. 720.307). The exact parcel count for all phases comes from your community's own declaration and bylaws — check those documents rather than guessing.
Other limits on a developer-controlled board
A developer's right to amend the governing documents is also limited. It is subject to a test of reasonableness, and may not be arbitrary, destroy the general plan of development, or shift economic burdens onto existing owners (Fla. Stat. 720.307). What counts as "reasonable" is decided case by case, not something a tool can predict for you.
What this guide can't tell you
This page can't tell you whether a specific meeting or vote met the legal requirements, or whether your community's own declaration sets a different rule. This is Chapter 720, which covers homeowners' associations — not condominiums, cooperatives, timeshares, or mobile home parks. Condominiums are governed by Chapter 718, a different statute, so don't rely on this page if you live in a condo. This is not legal advice, and it does not tell you whether you would win a dispute. For anything contested, talk to a Florida community association attorney.
What to do next
Turnover Check reads the numbers and documents you give it — how many homes have sold, what your declaration says — and explains where your community stands under Chapter 720. It's free to try. Confirm anything that matters with your governing documents, the association, or a licensed Florida community association attorney.
Turnover Check reads what you type and explains Florida Chapter 720 in plain language. It can be wrong, it is not legal advice, and it is not a substitute for reading your community's own declaration and bylaws, and the parcel counts that decide it come from the developer, not from us. For anything contested, talk to a Florida community association attorney.