The real property under contract is subject to a mandatory HOMEOWNER’S association. A few days before closing, the buyer is trying to cancel the contract because the seller never delivered any of the association’s governing documents. Can the buyer cancel the contract for this reason?
Answer: No.
While a list of association documents is required to be provided by a seller of a condominium, the same is not true when the property is subject to a homeowner’s association.
That said, a buyer is entitled to receive a summary disclosure per Florida Statute 720.401, which includes information about assessments the homeowner’s association charges and some basic information about HOAs. This summary disclosure is part A of the FR/BAR rider titled Homeowners’ Association/Community Disclosure.
