The “Non-Developer Disclosure” contained within the FRBAR Condominium Rider (which recites Florida Statute 718.503(2)) requires the mandatory delivery of the following documents (by Seller) to the Buyer:
- Current copy of the Declaration of Condominium;
- Articles of Incorporation of the Association;
- Bylaws of the Association;
- Rules and Regulations of the Association;
- Copy of the most recent year-end financial information; and
- Frequently asked questions
Most recently we have experienced buyers (primarily from the Northeast or Midwest) and their insurance agents requesting additional documentation that is not within the purview of Florida Statute 718.503(2) or covered under the “Non-Developer Disclosure”. Examples of additional documentation have included copies of Master Insurance Policies, Year to Date Financials, Wind mitigation documentation, and Association Meeting Minutes for the preceding 12 months. The purpose of requesting such additional documentation was to determine the financial strength of the Association, reduce insurance costs, and to forecast possible special assessments that have not yet been approved. In each case the Sellers objected to providing this additional documentation as it was not required under 718.503(2) or through the Non-Developer Disclosure. Furthermore, the Association’s Management Company would not readily produce the additional documentation without Seller written consent or request.
Should your Buyer require additional documentation (not covered under 718.503(2) or required to be disclosed pursuant to Florida law) to conduct their due diligence it is imperative that you (or your client’s attorney) add a clause under additional terms that specifies which documentation is required, when it is to be delivered by Seller to Buyer, and the repercussions if said documentation is not timely delivered. As always, should you have questions regarding the foregoing we urge you to consult with your local real estate attorney.
Berlin Patten Ebling, PLLC
This communication is not intended to establish an attorney client relationship, and to the extent anything contained herein could be construed as legal advice or guidance, you are strongly encouraged to consult with your own attorney before relying upon any information contained herein.
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