What is the HOA disclosure summary in Florida?

Under Florida Statute 720.401, a buyer in a homeowners' association community must be given a disclosure summary before signing the contract. If it was not provided, the buyer can cancel within 3 days of receiving it.

Buying into a Brevard County neighborhood with an HOA means you are agreeing to recorded covenants, dues, and rules that can last as long as you own the home. Florida law builds in a specific moment, before you sign, when you are supposed to see the basics in plain language.

This guide explains what the disclosure summary says, who has to provide it, how the cancellation right works, and what to do with the paperwork once you have it. It is general information, not legal advice, so involve a Florida real estate attorney if your contract or the documents raise questions.

When Must the HOA Disclosure Summary Be Provided?

Section 720.401(1)(a) says the summary must be presented to a prospective parcel owner before the contract for sale is executed. When a developer is selling, the developer provides it. When the seller is a non-developer owner, that owner provides it. The contract is required to refer to the summary and to warn the buyer not to sign until the summary has been received and read. You can read the statute on the Florida Senate website.

That timing is the whole point. On the Space Coast, offers move quickly, and it is easy to focus on price and inspection while the association paperwork sits in the background. The statute is designed to put the core facts in front of you first.

What Does the Summary Tell You?

The statute lists nine items. In plain terms, the summary tells you that:

  • You will be a member of a homeowners' association.
  • Restrictive covenants have been or will be recorded against the property.
  • Assessments to the association, including special assessments, may change, and the current amount is stated when applicable.
  • Special assessments may also be owed to a municipality, county, or special district.
  • Failure to pay assessments can result in a lien on the property.
  • Rent or land use fees for recreational or other common facilities may apply, and the current amount is stated when applicable.
  • The developer may amend the covenants without the approval of members or owners.
  • The document is only a summary, and you should review the covenants and governing documents.
  • The governing documents are public record or available from the developer.

Notice the fourth item. A special district is a separate level of government, and its assessments are a different charge from association dues. For more on one common type, read the statute for Chapter 190 community development districts, and always verify an address-specific charge on the tax bill.

What Is the 3-Day Right to Cancel?

If the disclosure summary was not provided to you before you signed, Section 720.401 gives you a way out. You can void the contract by giving the seller or the seller's agent written notice. The deadline is 3 days after you receive the disclosure summary, or before closing, whichever comes first.

Three details stand out:

  • The statute says "3 days." It does not say 72 hours, and it does not specify business days.
  • The right cannot be waived, and it ends at closing.
  • The contract must contain a conspicuous clause stating that voidability right.

Because a deadline is involved, get the summary in writing, note the date you received it, and talk with your attorney quickly if you have concerns. Do not rely on a verbal conversation.

Does This Apply to Condos?

Not in the same way. Section 720.401(2) says the section does not apply to associations regulated under chapters 718, 719, 721, or 723, or where disclosure is otherwise made under those chapters. Condominiums fall under their own chapter with their own disclosure rules. If you are shopping condos in Cocoa Beach, Satellite Beach, or Melbourne Beach, the paperwork looks different from a single-family HOA purchase.

Question Answer under Section 720.401
Who provides the summary? The developer, or a non-developer owner who is selling
When? Before the contract is executed
Cancel deadline if not provided first 3 days after receipt, or before closing, whichever occurs first
Can the right be waived? No, and it ends at closing
Does it cover condo associations? No, those are regulated under other chapters

What Should You Do After You Read the Summary?

  1. Request the full governing documents, including the declaration, bylaws, and rules.
  2. Ask for the current assessment amount and whether any special assessments are pending.
  3. Check the property's annual tax bill for non-ad valorem charges from any special district.
  4. Confirm the rental, pet, parking, and exterior-change rules match how you plan to live in the home.
  5. Calendar your deadlines so a cancel right does not lapse unnoticed.

All of Chapter 720 is available on the Florida Senate site if you want to read the surrounding rules on association governance and assessments.

Frequently Asked Questions

Is the HOA disclosure summary the same as the full HOA documents?

No. The summary is a short statutory disclosure. It tells you to review the covenants and governing documents, which are the documents that actually control your obligations.

Who gives me the summary if I buy a resale home in Brevard County?

When the seller is a non-developer owner, the statute places the obligation to provide the summary on that owner. Your agent can help make sure it is requested early.

Can I waive the 3-day cancellation right?

The statute says the right cannot be waived. It does end at closing, so timing matters.

Reading HOA paperwork before you commit is one of the best ways to protect your budget and your plans. My partner Nichole and I got your back. Reach out anytime at (321) 212-7676 or www.livingspacecoast.com.