Mandatory membership
Purchasing the property requires membership in the homeowners’ association.
Paragraph 19 · Addendum B
A Florida HOA disclosure is a warning to investigate—not the investigation itself.
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.
What Addendum B does
It places mandatory HOA obligations inside the contract.
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.
What the summary identifies
The obligations travel with the property.
The disclosure is designed to make several foundational facts conspicuous before a buyer commits.
Recorded restrictions
Covenants can regulate the use and occupancy of the property.
Regular assessments
Association dues are obligatory and may change periodically.
Special assessments
The association—or a governmental or special district—may impose additional charges.
Possible lien rights
Failure to pay qualifying association assessments can result in a lien against the property.
Facility or land-use fees
Membership may include rent or fees for recreational or commonly used facilities.
Potential cancellation period3days after receipt
When disclosure arrives late
The right ends at closing.
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.
A crucial distinction
An HOA disclosure is not a condominium package.
Florida gives purchasers different statutory information depending on the type of association.
Disclosure summary
Under Chapter 720, the statutory entitlement centers on the disclosure summary. Buyers should separately investigate governing documents, finances, architectural restrictions and community records.
Broader statutory documents
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.
Questions worth asking
Investigate how the rules affect the intended use.
The most important HOA issue is often not the amount of the dues—it is what the owner may and may not do.
Buyer review
- Are there rental, pet, parking or vehicle restrictions?
- Does the buyer’s planned improvement require architectural approval?
- Are regular or special assessments expected to change?
- Are there violations or unresolved enforcement matters affecting the parcel?
- Do community rules conflict with the buyer’s intended occupancy or use?
Seller preparation
- Deliver an accurate disclosure summary before contract execution whenever possible.
- Disclose known violations, pending assessments and material community issues.
- Order the association estoppel early enough for closing.
- Provide current governing documents when available without representing them as complete legal advice.
- Do not promise that an association will approve a buyer, tenant or proposed improvement.
“The HOA disclosure means I received everything I need.”
Common misconception
The statutory summary is intentionally only a summary.
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.