HOA Notice

How Do Property Owners Receive Notice About the Existence of an Association?

Before a purchase contract is signed, Florida law requires sellers to provide to prospective purchasers a “disclosure summary” identifying the association, the current assessment amount and any special assessments, and stating that the property is subject to restrictive covenants, which can be obtained from the county land records office. Fla. Stat. §720.401.

Practically speaking, in most cases home purchasers are provided with a copy of the association’s declaration and bylaws prior to or at closing. Because the declaration is recorded in the county land records, purchasers are also deemed to have “constructive notice” of the covenants at the time of purchase so that there is an “implied covenant” to comply with the community’s rules, even if the purchaser does not receive a copy of the declaration and affirmatively agree to the covenants. See, e.g., Whitburn, LLC v. Wells Fargo Bank, N.A., 190 So. 3d 1087, 1091 (Fla. 2d DCA 2015).