Differences in Fees between Florida Condominium & Homeowners’ Associations
There are some key differences when it comes to the management of condominium versus homeowners associations in Florida. For example, this includes the ability to charge capital contribution fees, or the one-time charges associated with any transfer of title part of the association. For Florida homeowners’ associations, these fees typically range from $400 to $5,000, and are charged in order to ensure that there are finances in the association’s’ operating account (or capital reserves) once the developer leaves. These fees usually cover between one and three months of the association’s annual assessment amount. In general, while condominium associations face certain restrictions when it comes to fees like these, homeowners’ associations, conversely, can charge these fees to new owners and/or to process lease applications. The Condo and Homeowner’s Association Law in Florida Under Florida law, the state legislature must first approve any fees charged to owners and tenants when it comes to condo associations. While developers can charge these fees to the original purchasers, they can no longer charge them once turnover has occurred. Thus, for example, fees associated with processing a lease or sales application, or transfer fees, cannot exceed $100 per applicant (other than a husband/wife or parent/child, both of which are considered to be one applicant). However, the Florida Condominium Act does not apply to homeowners’ associations. Homeowners’ associations can set forth any fee they feel is necessary as long as it is detailed in the relevant declaration of covenants (aka governing documents). What this means is that even after turnover from the developer, members of homeowners’ associations can continue to charge transfer fees on resales as long as the transfer fees are regulated by the association’s documents. In addition, homeowners’ association members can always amend the documents after developer turnover to increase (or decrease) the fee amounts. The law generally treats condo associations differently from homeowners’ associations because condos involve individuals and families living closer together, as they would in cities, and thus the law tends to favor having more rules and restrictions in place for condos. However, that’s not to say that there are no restrictions whatsoever on to what extent associations can make and collect assessments and to lease, maintain, repair, etc. association property; for example, the association may not charge a use fee against a unit owner for the use of common elements or association property unless it is otherwise provided for in the declaration or by a majority vote of the association (or unless the charges relate to the expenses incurred by an owner having exclusive use of the common elements or association property). Homeowners and Condominium Association Attorneys Serving Orlando, Sarasota, and Tampa Homeowners’ association managers and owners play important roles in maintaining the operations and upkeep in many living communities here in Florida. When it comes to ensuring that your association is in compliance with the law, having the right lawyer on your side is a key element towards ensuring your success. At HD Law Partners, our homeowners and condominium association attorneys provide experienced legal representation you can count on. With over 40 years’ combined experience, we can provide the expertise to help ensure your property’s interests and assets are protected. Contact us today to find out how we can help you. Resources: delraynewspaper.com/condominium-associations-homeowners-associations-look-23960 leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html Tags: Condo Association, Florida Condominium and Homeowners’ Associations Fees, Florida Homeowners Association Attorney, Florida Homeowners Association Attorneys Posted in Homeowners Association | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us