Florida Community Association Manager Practice Exam

Can special assessments be levied by the board regardless of association documentation?

1. Only with unanimous consent

2. Yes, unless stated otherwise in documents

3. No, they cannot levy assessments

4. Only if the president approves

The correct answer is: Yes, unless stated otherwise in documents

The reasoning behind affirming that special assessments can be levied by the board, unless stated otherwise in the association’s documents, is grounded in the legal framework governing community associations in Florida. Typically, a community association’s governing documents outline the extent of authority conferred to the board, including financial powers such as the imposition of special assessments. When guiding decisions on special assessments, it is essential to understand that most community association documents do not outright prohibit the board from levying these assessments. Therefore, the board can execute this financial decision, provided there is nothing in the documents that limits their authority. This flexibility allows the board to respond effectively to unforeseen circumstances or necessary improvements that may arise, thereby ensuring the overall health and maintenance of the community. In this context, the correct understanding reinforces the board’s role as an operational body capable of responding to the needs of the community, while maintaining compliance with any specific provisions laid out in the governing documents. If no specific restrictions are present, the board has the latitude to make decisions that benefit the community's interests.