- Community Associations, Legal Updates
- Florida
Effective July 1, 2025, a revised Condominium Rider (Addendum A to the Florida Realtors/Florida Bar and ASIS residential contracts) became the standard form used in condominium resale transactions across Florida.
A rider is an additional document that is attached to and becomes part of the main purchase contract. It supplements the contract by adding condo-specific terms, disclosures, and buyer and seller rights that do not apply to single-family home sales.
While the updated rider incorporates several drafting improvements and statutory changes, its most significant substantive update for community associations and buyers is the addition of Paragraph 6(b). This gives prospective buyers new contractual tools to request additional community association records beyond what Florida law already requires.
Board members and property managers should understand these new buyer rights and the precise circumstances under which they apply.
What Does Florida Law Already Require Sellers to Disclose?
Under Section 718.503(2)(a), Florida Statutes, in any non-developer condominium resale, the seller must provide a suite of association documents at the seller’s expense. The statute states that “each prospective purchaser who has entered into a contract for the purchase of a condominium unit is entitled, at the seller’s expense, to a current copy of all of the following” association information and documents:
- The declaration of condominium
- Articles of incorporation of the association
- Bylaws and rules of the association
- An annual financial statement and annual budget of the condominium association
- A copy of the inspector-prepared summary of the milestone inspection report as described in s. 553.899, if applicable
- The association’s most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study (SIRS).
- A copy of the inspection report described in s. 718.301(4)(p) and (q) for a turnover inspection performed on or after July 1, 2023
- The document entitled ‘Frequently Asked Questions and Answers’ required by s. 718.504.
This statutory section forms the foundation of what condo sellers must deliver to prospective buyers. Notably, it now expressly references three key technical reports when they exist:
- Structural Integrity Reserve Study (SIRS)
- Milestone Inspection Report
- Turnover Inspection Report
These requirements are also reflected in the statutory contract language that must be placed in every resale contract. Section 718.503(2)(d) provides the following acknowledgment language:
“The buyer hereby acknowledges that the buyer has been provided a current copy of the inspector-prepared summary of the milestone inspection report…a copy of the turnover inspection report…and a copy of the association’s most recent structural integrity reserve study…more than ___ days…before execution of this contract…this agreement is voidable by the buyer…”
Because these disclosures are statutory, if they are not provided within the required timeframe, Section 718.503 renders the contract voidable at the buyer’s option, regardless of any other contract provisions. In practical terms, this means the buyer can legally cancel the contract and walk away from the transaction without penalty if the required documents are not delivered as required by law.
What Does the 2025 Condominium Rider (Addendum A) Add?
While Section 718.503 provides a baseline of statutory disclosures, the 2025 Condominium Rider expands the contractual landscape with Paragraph 6(b). This provision allows buyers, with agreement from the seller, to request additional association documents beyond what the statute mandates.
Paragraph 6(b) allows prospective buyers to contractually request, for the 12 months preceding contract execution:
- Board meeting agendas and minutes
- Membership meeting agendas and minutes
- Association insurance declaration pages (including hazard, liability, flood, windstorm, etc.)
- Completed milestone inspection, turnover inspection, or reserve study reports (if received before closing)
- Up to three additional documents the buyer finds relevant
These are contractual requests, not statutory ones, meaning both buyer and seller must agree and note in their agreement to make them part of the binding contract.
Statutory vs. Contractual Rights: Impact to Florida Condo Associations
There are important differences between required statutory disclosures and the additional records available under Paragraph 6(b):
Statutory Disclosures (Section 718.503)
- Are mandatory in every condominium resale contract.
- If not delivered, the buyer has a statutory right to terminate the contract.
- Failure to comply renders the contract voidable at the buyer’s option.
Contractual Requests (Paragraph 6(b))
- Are optional and negotiable. They only apply if the buyer and the seller agree and make it part of their contract.
- Provide a contractual right to cancel the contract if the seller fails to deliver the requested items.
- Can be rejected by the seller in a counteroffer, unlike statutory disclosures.
This distinction is crucial for associations and their attorney when responding to record requests attached to a resale contract.
You can view Florida Statutes § 718.503 (2025) – Nondeveloper Disclosure Requirements and Contract Text here: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0718%2FSections%2F0718.503.html
You can view the Florida Realtors®/Florida Bar Condominium Rider (Addendum A, Revised July 1, 2025) here: https://www.floridarealtors.org/sites/default/files/2025-06/CR-7_A.%20Condominium%20Rider_Redlined_0.pdf
Legal Resource
Florida condominium associations should be prepared to deliver the statutory documents promptly when requested. They should also be aware that voluntary delivery of additional risk-management association records may create contractual obligations with legal remedies if not delivered. Understanding the exact language and legal effect of both statutory and contractual provisions helps associations fulfill their duties and protects buyer and seller rights in the transaction process.
Do not hesitate to contact KSN if your association has questions about document requests, sales transactions, board responsibilities, or other legal matters.
Please contact our law firm by calling 855-537-0500 or visit www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
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