Skip to content
Tao Home Buyers

Condo special assessment or milestone repairs

Selling a Tampa Bay condo with a special assessment or a failed milestone report

Yes, you can sell a Florida condo with a special assessment. Anything due and unpaid at closing is normally paid from the sale, because Florida makes the buyer jointly liable for it and the association's estoppel certificate lists it; who pays installments that come due after closing is up to your contract. Buyers must get the milestone inspection summary and the structural integrity reserve study, and buyers who need a loan may struggle if the building has unfinished critical repairs.

By Matan, owner of Tao Home Buyers. Last reviewed . General information, not legal or tax advice.

The short version

  • Condo buildings of three habitable stories or more need a milestone inspection by Dec. 31 of the year they turn 30 (25 if the local building official requires it), then every 10 years (Fla. Stat. 553.899).
  • They also need a structural integrity reserve study (SIRS) at least every 10 years. For budgets adopted from the end of 2024 on, owners can no longer vote to waive or cut reserves for the items it covers.
  • The estoppel certificate lists every assessment owed and coming due. As of October 2026, DBPR caps its fee at $299, plus $119 for rush delivery and up to $179 more if the account is delinquent.
  • A resale buyer must get the condo documents, including the milestone summary and SIRS, and can cancel within 7 days (not counting weekends and legal holidays) after receiving them (Fla. Stat. 718.503).
  • Fannie Mae will not buy loans in buildings with unfinished critical repairs or a failed required inspection, which can shrink your pool of buyers until repairs are done and documented.

What do Florida's condo safety laws require now?

Condo buildings of three habitable stories or more need a milestone inspection at 30 years (25 if the local building official requires it) and every 10 years after, plus a structural integrity reserve study (SIRS) at least every 10 years. Owners can no longer vote to waive reserves for the structural items the SIRS covers.

How the law got here. The rules below are from the 2026 Florida Statutes, current as of October 2026.
LawWhat it did
SB 4-D (2022)Passed after the 2021 Surfside collapse. Created milestone inspections and barred owners from waiving or cutting reserves for certain items after a set date.
SB 154 (2023)Revised which buildings need milestone inspections and required progress reports on follow-up inspections.
HB 1021 (2024)Revised milestone inspection, notice and official records rules, and had the state build a reporting database.
HB 913 (2025)Moved the SIRS deadline to Dec. 31, 2025 and let associations fund reserves with special assessments, lines of credit or loans.

Milestone inspections (Fla. Stat. 553.899) are due by December 31 of the year the building turns 30, counted from its certificate of occupancy, and every 10 years after. A local building official may require the first one at 25 years based on local conditions, such as nearness to salt water. Phase one is a visual check by a licensed engineer or architect. If it finds substantial structural deterioration, a more detailed phase two follows, and repairs must start within 365 days of the phase two report. The law has no pass or fail grade; when people say a building failed, they usually mean phase two and repairs are now required. The association must send every owner the inspector's summary within 45 days of getting the report.

The SIRS (Fla. Stat. 718.112) covers the roof, structure, fireproofing and fire protection, plumbing, electrical, waterproofing and exterior painting, windows and exterior doors, and other costly items whose failure would harm them. Associations that existed by July 1, 2022 had to finish one by Dec. 31, 2025, or by Dec. 31, 2026 if they combine it with a milestone inspection due by then. You can check whether yours reported one in DBPR's SIRS database.

Reserves. Reserves for SIRS items can be funded with regular assessments, special assessments, lines of credit or loans. With approval from a majority of all voting interests, a board may pause those contributions for up to two budget years after a milestone inspection to pay for its repairs (for budgets adopted through 2028). That is how a SIRS or a milestone report can turn into a fee increase or a special assessment.

Who pays the special assessment when I sell my condo?

Anything due and unpaid when you close is normally paid from your sale, because Florida makes the buyer jointly liable with you for it. Installments that come due after closing are handled however your contract says, so read that clause before you sign.

Under Fla. Stat. 718.116, each owner owes the assessments that come due while they own the unit, and a new owner is jointly and severally liable with the seller for unpaid assessments that came due before the transfer. The estoppel certificate is how everyone at closing learns what is owed:

  • The association must issue it within 10 business days of a request. If it is late, it cannot charge for it.
  • It must itemize every assessment, special assessment and other amount owed, and list the assessments scheduled to come due while the certificate is valid.
  • It is good for 30 days if delivered by hand or electronically, or 35 days if mailed.
  • The fee is capped by law and adjusted for inflation. As of October 2026, DBPR lists a cap of $299, plus $119 for delivery within 3 business days and up to $179 more if the account is delinquent (DBPR).
Common special assessment situations at closing. Your contract and title company control the details.
SituationWhat usually happens
Levied and fully due before closing, but unpaidIt shows on the estoppel certificate and is paid from the sale at closing.
Levied, with installments that continue after closingYour contract decides: you pay it off at closing, you give the buyer a credit, or the buyer takes over the later installments.
Discussed but not yet voted onNothing is owed yet, but tell the buyer what you know. A buyer may ask for a lower price or a credit.
Repairs finish with money left overLeftover money becomes common surplus. The board may refund it to owners or credit it toward future assessments.

Before a board votes on a non-emergency special assessment, owners must get at least 14 days' notice that states the purpose and the estimated cost (Fla. Stat. 718.112(2)(c)). The money may be used only for the purpose stated in the notice (Fla. Stat. 718.116(10)).

Want to know what we would pay?

Tell us about the house. Matan reviews it himself and calls you back.

Get my cash offer

What documents must I give a condo buyer, and how long can they cancel?

A resale buyer is entitled, at your cost, to the condo's governing documents, budget and financial statement, the milestone inspection summary, the latest SIRS and a Q&A sheet. The buyer can cancel within 7 days, not counting weekends and legal holidays, after getting them, up until closing.

  • The declaration of condominium, articles of incorporation, bylaws and rules
  • The annual budget and annual financial statement
  • The inspector's summary of the milestone inspection report, if one applies
  • The most recent SIRS, or a statement that none has been completed
  • The turnover inspection report, if one was done on or after July 1, 2023
  • The Frequently Asked Questions and Answers document, plus the state's governance form

If the buyer did not get these more than 7 days (not counting weekends and legal holidays) before signing, the contract must let the buyer cancel in writing within 7 such days after receiving them. A waiver of that right has no effect, and the right ends at closing (Fla. Stat. 718.503). The 2024 statutes gave buyers only 3 days (2024 edition), so an old contract form may be out of date.

For resale contracts signed after Dec. 31, 2024, the contract must also say whether the association has completed its required milestone inspection, turnover report and SIRS, with the same kind of cancellation right for those documents. A contract that leaves out the required clauses can be canceled by the buyer any time before closing. Florida's seller flood disclosure form applies to condo sales too (Fla. Stat. 689.302).

Why can't some buyers get a loan for my condo?

Lenders that sell loans to Fannie Mae must review the whole building, and Fannie Mae will not buy loans in buildings that need unfinished critical repairs, failed a required structural inspection, or are under an evacuation order.

Fannie Mae's Selling Guide counts failing a state, county or other mandatory structural or safety inspection as a critical repair, along with problems that could cause a critical system to fail within a year. Lenders must read any structural inspection from the past three years and check each special assessment's purpose, amount and payoff date. If a special assessment pays for a critical repair that is not yet fixed, the building is ineligible (Fannie Mae Selling Guide B4-2.1-03).

This is not permanent. Once the repairs are completed and documented, for example with an engineer's report, the building can become eligible again, and lenders may ask for an exception in some cases. Other loan programs have their own rules, so a buyer's loan officer is the one to ask about your building.

What are my options if my building has a special assessment or milestone repairs?

You can pay the assessment and sell, sell and credit the buyer, sell as-is to a cash buyer, rent the unit out, or wait until the repairs are finished. Each one trades money against time and risk.

Your realistic choices, side by side.
OptionWho it suitsWhat to watch
Pay the assessment, then sellOwners with cash on hand who want the widest pool of buyersPaying your share does not fix the building. If repairs are unfinished, buyers who need a loan may still be blocked.
Sell and credit the buyerOwners whose installments run past closingSpell out the credit in the contract and check it against the estoppel certificate.
Sell as-is to a cash buyerBuildings with open critical repairs, or owners who cannot carry the paymentsOffers are usually below what the unit would bring after repairs. You still give the buyer the required condo documents. Ask whether the buyer closes in its own name (why that matters).
Rent it outOwners who can cover the assessment and want to waitCheck your declaration and rules for rental limits. The assessment is still yours to pay.
Wait for repairs to finishOwners who can afford fees and assessments in the meantimeRepairs can take a long time, and more assessments may follow. Once repairs are documented, more buyers can get loans.

If you can afford to wait, a unit in a building with finished, documented repairs may draw more buyers. If the payments are a strain, a free HUD-approved housing counselor can help you look at your budget, and a Florida real estate attorney can review the contract. To compare what you would keep, see cash offer vs. listing.

Where do I check a building's milestone status in Pinellas, Hillsborough and Pasco?

Ask the building department of the city or county where the building sits, because each runs its own milestone program. Pinellas County handles unincorporated areas and seven small cities; St. Petersburg, Clearwater and other cities handle their own.

Who handles milestone reports, by area.
AreaWho handles itNotes
Unincorporated Pinellas, plus Belleair Beach, Belleair Bluffs, Belleair Shore, Indian Rocks Beach, Oldsmar, Safety Harbor and Kenneth CityPinellas County Building ServicesReports are filed in the county's Access Portal under local ordinance 24-18. Questions go to Milestone@pinellas.gov.
St. PetersburgCity of St. PetersburgThe city has a map showing each building's milestone status. Repairs need a permit marked as milestone work.
Clearwater, including Clearwater Beach, and other Pinellas citiesThat city's building departmentAsk the city for the building's notice date and report status.
Hillsborough County and TampaHillsborough County for unincorporated areas; the City of Tampa and other cities for buildings inside themThe 30-year rule applies unless the local official has adopted 25 years.
Pasco CountyPasco County for unincorporated areas; cities such as New Port Richey for buildings inside themAsk for the status of the phase one and any phase two report.
Anywhere in FloridaDBPR's SIRS databaseShows associations that reported a completed SIRS.

If you are selling a condo in St. Petersburg or on Clearwater Beach, ask your association for the milestone summary, the SIRS and a list of any special assessments early. Buyers will ask for them, and the 7-day cancellation clock does not start until they have them.

How does Tao Home Buyers handle condos with special assessments?

We buy condos as-is in Pinellas, Hillsborough and Pasco, including units in buildings facing special assessments.

We are the end buyer. Tao Builders LLC buys in its own name and closes at a licensed title company; we do not assign or wholesale contracts. Earnest money goes to the title company the same day you sign, or the next business morning if you sign after hours, and our proof of funds is a letter from our lender. When the title is clear we can close in as few as 10 days, and you pick the closing date. The condo resale rules still apply: you provide the required documents, and the estoppel certificate shows what is owed at closing.

Our cash offer will usually be below what the unit would sell for on the open market once the building's repairs are done. Matan, the owner, has bought houses around Tampa Bay for 4 years and has personally bought more than 50. He is a licensed Florida real estate sales associate with Jay Alan Real Estate, buying for his own company as a principal, not as anyone's agent.

Sources

Official sources we checked for this page. Rules change, so confirm anything important with the source or a Florida attorney.

  1. Fla. Stat. 553.899, milestone inspections (Florida Legislature)
  2. Fla. Stat. 718.112, reserves, SIRS and assessment notice (Florida Legislature)
  3. Fla. Stat. 718.116, assessment liability and estoppel certificates (Florida Legislature)
  4. Fla. Stat. 718.503, resale disclosure and cancellation (Florida Legislature, 2026)
  5. Fla. Stat. 718.503, 2024 edition showing the earlier 3-day window (Florida Legislature)
  6. DBPR, estoppel certificate fees
  7. DBPR, milestone inspections and structural integrity reserve studies
  8. Fannie Mae Selling Guide B4-2.1-03, ineligible projects
  9. Pinellas County, condo milestone inspections
  10. City of St. Petersburg, milestone inspections
  11. SB 4-D (2022), condominium safety law (Florida Senate)
  12. HB 913 (2025), condominium and cooperative associations (Florida Senate)

FAQ

Questions about condos with special assessments

Can I sell my condo with a special assessment in Florida?

Yes. A special assessment does not stop a sale. Amounts due and unpaid at closing are normally paid from the sale, and your contract decides who pays installments that come due later. The buyer must get the condo documents and can cancel within 7 days, not counting weekends and legal holidays, after receiving them.

Who pays the special assessment, buyer or seller, in Florida?

It depends on timing and the contract. The new owner is jointly liable with the seller for amounts that came due before the sale, so those are normally settled at closing. For installments due after closing, the buyer and seller agree in the contract who pays, and the estoppel certificate shows what is scheduled.

How much notice must a Florida condo give for a special assessment?

For a non-emergency special assessment, notice of the board meeting must be mailed, delivered or sent electronically to owners and posted on the property at least 14 days before the meeting. It must say that assessments will be considered and give the purpose and estimated cost. Your declaration may add other steps.

What is a milestone inspection in Pinellas County?

It is the structural inspection Florida requires for condo and co-op buildings of three habitable stories or more, first by December 31 of the year the building turns 30 and then every 10 years. Pinellas County handles reports for unincorporated areas and seven small cities, while St. Petersburg, Clearwater and other cities run their own programs.

What happens if my condo building needs phase two repairs?

Phase two follows when phase one finds substantial structural deterioration. Repairs must start within 365 days of the phase two report, and if they do not, the local building official must decide whether the building is unsafe to occupy. Until the repairs are completed and documented, buyers whose loans would be sold to Fannie Mae generally cannot finance a unit there.

What does a condo estoppel certificate cost in Florida?

The fee is capped by law and adjusted for inflation by DBPR. As of October 2026 the cap is $299, plus $119 if you ask for delivery within 3 business days, and up to $179 more if the account is delinquent. The association must issue it within 10 business days or it cannot charge a fee.

Can I rent out my condo instead of selling it?

Often, if your declaration and rules allow it. You still owe the special assessment and regular fees while you own the unit, so compare the rent you could get with those costs. Check the rules for minimum lease terms or limits on how many units can be rented.

Find out what we'd pay. No pressure, no obligation.

We buy houses in Pinellas, Hillsborough and Pasco counties, including St. Petersburg, Clearwater, Largo, Tampa, Brandon, Plant City, New Port Richey, Wesley Chapel and Zephyrhills.

CallGet my offer