Mandatory membership
Purchasing the property requires membership in the homeowners’ association.
Addendum B identifies mandatory association membership, restrictive covenants, assessments and other obligations that can follow the property. Understanding the disclosure summary is the beginning of HOA due diligence.
Florida law requires a prospective buyer of qualifying property to receive a homeowners’ association disclosure summary before executing the contract. The summary identifies mandatory membership, restrictive covenants, regular and special assessments, possible common-facility fees and other association-related obligations.
Addendum B incorporates that statutory disclosure into the transaction. It does not certify that the community is financially healthy, that the rules fit the buyer’s plans or that the stated charges will never change.
The disclosure is designed to make several foundational facts conspicuous before a buyer commits.
Purchasing the property requires membership in the homeowners’ association.
Covenants can regulate the use and occupancy of the property.
Association dues are obligatory and may change periodically.
The association—or a governmental or special district—may impose additional charges.
Failure to pay qualifying association assessments can result in a lien against the property.
Membership may include rent or fees for recreational or commonly used facilities.
If the required disclosure summary was not delivered before contract execution, Florida Statute §720.401 provides a buyer a nonwaivable right to cancel by written notice within three days after receiving it—or before closing, whichever occurs first.
This is different from the condominium seven-day framework. Because the controlling contract, delivery date and applicable law can affect how a deadline is calculated, a buyer receiving the HOA disclosure after contract execution should obtain legal guidance immediately rather than assume additional time is available.
Florida gives purchasers different statutory information depending on the type of association.
Under Chapter 720, the statutory entitlement centers on the disclosure summary. Buyers should separately investigate governing documents, finances, architectural restrictions and community records.
Chapter 718 gives qualifying condominium buyers a more extensive statutory document package. The two frameworks should not be treated as interchangeable merely because both communities collect assessments.
The most important HOA issue is often not the amount of the dues—it is what the owner may and may not do.
“The HOA disclosure means I received everything I need.”
It warns the buyer about membership, covenants and financial obligations. It does not answer whether a fence is permitted, a work truck may remain in the driveway, short-term rentals are prohibited or a large future assessment is being discussed.
A careful buyer reviews the actual community documents and current records that matter to the intended use—not only the disclosure page attached to the contract.