Florida Senate - 2024                                    SB 1234
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01617-24                                           20241234__
    1                        A bill to be entitled                      
    2         An act relating to disclosure requirements for
    3         prospective purchasers; amending s. 720.401, F.S.;
    4         requiring prospective purchasers of a parcel subject
    5         to association membership to be provided with certain
    6         documents, in addition to the disclosure summary,
    7         before executing a contract; authorizing prospective
    8         purchasers to cancel their contract within a specified
    9         timeframe under certain circumstances; specifying that
   10         the 3-day cancellation period does not include
   11         Saturdays, Sundays, and legal holidays; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (1) of section 720.401, Florida
   17  Statutes, is amended to read:
   18         720.401 Prospective purchasers subject to association
   19  membership requirement; disclosure required; covenants;
   20  assessments; contract cancellation.—
   21         (1)(a) A prospective purchaser parcel owner in a community
   22  must be presented a disclosure summary before executing the
   23  contract for sale. The disclosure summary must be in a form
   24  substantially similar to the following form:
   25  
   26                         DISCLOSURE SUMMARY                        
   27                                 FOR                               
   28                         (NAME OF COMMUNITY)                       
   29  
   30         1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL
   31  BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS’ ASSOCIATION.
   32         2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE
   33  COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS
   34  COMMUNITY.
   35         3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE
   36  ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF
   37  APPLICABLE, THE CURRENT AMOUNT IS $.... PER ..... YOU WILL ALSO
   38  BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE
   39  ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE.
   40  IF APPLICABLE, THE CURRENT AMOUNT IS $.... PER .....
   41         4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE
   42  RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL
   43  ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.
   44         5. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS
   45  LEVIED BY A MANDATORY HOMEOWNERS’ ASSOCIATION COULD RESULT IN A
   46  LIEN ON YOUR PROPERTY.
   47         6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES
   48  FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN
   49  OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS’ ASSOCIATION. IF
   50  APPLICABLE, THE CURRENT AMOUNT IS $.... PER .....
   51         7. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE
   52  RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION
   53  MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS.
   54         8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE
   55  ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU
   56  SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING
   57  DOCUMENTS BEFORE PURCHASING PROPERTY.
   58         9. THE PROSPECTIVE PURCHASER ACKNOWLEDGES THAT HE OR SHE
   59  HAS BEEN PROVIDED A CURRENT COPY OF THE ASSOCIATION GOVERNING
   60  DOCUMENTS, THE MOST RECENT ASSOCIATION YEAR-END FINANCIAL
   61  INFORMATION, AND THE AGENDAS AND MINUTES FROM ALL ASSOCIATION
   62  BOARD MEETINGS THAT TOOK PLACE IN THE 12 MONTHS IMMEDIATELY
   63  PRECEDING THE EXECUTION OF THE CONTRACT FOR SALE THESE DOCUMENTS
   64  ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE
   65  RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED, OR
   66  ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER.
   67  
   68  DATE:                                                 PURCHASER:
   69  PURCHASER:
   70  
   71  The disclosure summary must be supplied by the developer, or by
   72  the parcel owner if the sale is by an owner that is not the
   73  developer. Any contract or agreement for sale must shall refer
   74  to and incorporate the disclosure summary and shall include, in
   75  prominent language, a statement that the prospective purchaser
   76  potential buyer should not execute the contract or agreement
   77  until he or she has they have received and read the disclosure
   78  summary required by this section.
   79         (b) Each contract entered into for the sale of property
   80  governed by covenants subject to disclosure required by this
   81  section must contain in conspicuous type a clause that states:
   82  
   83  IF THE DISCLOSURE SUMMARY, CURRENT COPY OF THE ASSOCIATION
   84  GOVERNING DOCUMENTS, MOST RECENT ASSOCIATION YEAR-END FINANCIAL
   85  INFORMATION, AND AGENDAS AND MINUTES FROM ALL ASSOCIATION BOARD
   86  MEETINGS THAT TOOK PLACE IN THE 12 MONTHS IMMEDIATELY PRECEDING
   87  THE EXECUTION OF THIS CONTRACT, AS REQUIRED BY SECTION 720.401,
   88  FLORIDA STATUTES, HAVE HAS NOT BEEN PROVIDED TO THE PROSPECTIVE
   89  PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT
   90  IS VOIDABLE BY THE PROSPECTIVE PURCHASER BUYER BY DELIVERING TO
   91  THE SELLER OR THE SELLER’S AGENT OR REPRESENTATIVE WRITTEN
   92  NOTICE OF THE PROSPECTIVE PURCHASER’S BUYER’S INTENTION TO
   93  CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
   94  HOLIDAYS, AFTER RECEIPT OF SUCH DOCUMENTS THE DISCLOSURE SUMMARY
   95  OR BEFORE PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY
   96  PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. THE
   97  PROSPECTIVE PURCHASER’S BUYER’S RIGHT TO VOID THIS CONTRACT
   98  TERMINATES SHALL TERMINATE AT CLOSING.
   99  
  100         (c) If the disclosure summary, current copy of the
  101  association governing documents, most recent association year
  102  end financial information, and agendas and minutes from all
  103  association board meetings that took place in the 12 months
  104  immediately preceding the execution of a contract are is not
  105  provided to a prospective purchaser before such the purchaser
  106  executes a contract for the sale of property governed by
  107  covenants that are subject to disclosure pursuant to this
  108  section, the prospective purchaser may void the contract by
  109  delivering to the seller or the seller’s agent or representative
  110  written notice canceling the contract within 3 days, excluding
  111  Saturdays, Sundays, and legal holidays, after receipt of such
  112  documents the disclosure summary or before prior to closing,
  113  whichever occurs first. This right may not be waived by the
  114  prospective purchaser but terminates at closing.
  115         Section 2. This act shall take effect July 1, 2024.