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Buying a house in an HOA in Florida: the disclosure summary, your 3-day right, the estoppel certificate and what to check in Hollywood, West Park and Dania Beach

October 31, 2026 · Zach Curtis, REALTOR®, Realty Hub

Short answer: if a house or townhouse you're buying is in a mandatory homeowners' association, Florida law gives you a disclosure summary before you sign, a right to cancel if you didn't get it, and an estoppel certificate before closing that states what's owed. Read the covenants and the budget during your inspection period, because unpaid dues can follow the house.

HOA or condo? Different laws

Homeowners' associations for houses and many townhouse communities fall under chapter 720 of the Florida Statutes. Condominiums are chapter 718 and co-ops chapter 719, and the HOA disclosure rule below doesn't apply to them (section 720.401(2)). If you're weighing the two, see condo vs townhouse in Broward. For condos, the matching steps are in the condo estoppel certificate guide.

1. The disclosure summary, before you sign

Florida requires that a buyer in a mandatory HOA community be given a disclosure summary before signing the contract (section 720.401). The statutory form says, among other things, that you'll have to be a member of the association, that recorded covenants govern use and occupancy, that you'll owe regular assessments and any special assessments, that you may also owe assessments to a city, county or special district, and that unpaid assessments can lead to a lien on your property. It lists the current assessment amount if applicable.

The contract must refer to the summary. If you didn't get it before signing, the contract is voidable: you can cancel by written notice to the seller or the seller's agent within 3 days after you receive the summary, or before closing, whichever comes first. You can't waive that right, and it ends at closing.

2. Read the covenants and the budget

The summary itself says it's only a summary and points you to the covenants and governing documents, which are either recorded in the county's public records or available from the developer. In Broward, recorded documents are kept by the county's Records, Taxes and Treasury Division, which keeps the Official Records (Broward County Records). Ask the seller for the declaration, the bylaws, the rules, the current budget and any notice of a special assessment. Things to look for:

  1. The regular assessment, how often it's billed, and what it covers.
  2. Any special assessment that's been adopted or proposed; see who pays a special assessment in a sale for how to negotiate it.
  3. Rules on exterior changes, fences, roofs, parking and vehicles that affect how you plan to use the house.
  4. Whether the association must approve the transfer, and whether anyone has a right of first refusal.
  5. Whether the house belongs to more than one association, such as a master association.

3. The estoppel certificate, before closing

The estoppel certificate is the association's official statement of what's owed on the property. The association must issue it within 10 business days of a request from the owner, the lender or their designee (section 720.30851). It must show the regular assessment and what it's paid through, an itemized list of amounts owed, any capital contribution, resale or transfer fee, open rule violations noticed to the owner, whether board approval of the sale is required and given, any right of first refusal, other associations the property belongs to, and contact information for the association's insurance.

A certificate delivered by hand or electronically is effective for 30 days, or 35 days if mailed. The association waives amounts above what the certificate states against a buyer or lender who honestly relies on it, which is why your closing agent orders it.

Estoppel certificate fee (DBPR, current)Maximum
Preparation and delivery$299
Expedited, delivered within 3 business days+$119
If the parcel is delinquent+$179

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The statute sets the base fees and requires the Department of Business and Professional Regulation to adjust them every 5 years for inflation. DBPR's current amounts are above, and it says the next update is due by July 1, 2027 (DBPR estoppel certificate fees). Who pays the fee is set by your contract; check the Broward closing cost breakdown.

4. Unpaid dues can follow the house

Under Florida law, a new owner is jointly and severally liable with the previous owner for unpaid assessments that came due up to the transfer of title, with a right to recover them from the previous owner (section 720.3085(2)(b)). The estoppel certificate and the closing statement are how you make sure those amounts are paid out of the seller's proceeds at closing.

Budgeting for an HOA house

Add the monthly HOA assessment to your mortgage, taxes and insurance when you figure what you can afford, and ask your lender how it counts toward your debt-to-income ratio. Use the affordability calculator, and see 2026 property tax rates by city and wind mitigation inspections for the other two pieces.

Browse Hollywood, West Park and Dania Beach homes for sale. When you're ready, start at Ready to buy.

Zach Curtis, Realtor, Realty Hub, license SL3664129. General information, not legal, tax, insurance or lending advice. Have a Florida real estate attorney review your contract and association documents.

Questions? Ask Zach

I'm Zach Curtis, a REALTOR® with Realty Hub in Hallandale Beach. I help renters and buyers in Hallandale Beach, Hollywood, Aventura and nearby. Zach will reply as soon as he can.

Get the building documents checklist or price alerts for this city

Zach sends it personally; nothing automated. Zach will reply as soon as he can.

Rather not check the box? That's fine. Zach will call or email instead.

Zach will reply as soon as he can. Your info goes to Zach only. Never sold, never shared. You choose how he reaches you, and STOP always works.

Questions

What is an HOA disclosure summary in Florida?

A statutory form under section 720.401 that a buyer in a mandatory homeowners' association community must receive before signing the contract. It covers association membership, recorded covenants, assessments and special assessments, possible lien rights, and the current assessment amount if applicable.

Can I cancel if I didn't get the HOA disclosure summary?

Yes. If you didn't receive it before signing, you can void the contract by written notice to the seller or seller's agent within 3 days after you receive it or before closing, whichever comes first. The right can't be waived and ends at closing.

How much is an HOA estoppel certificate in Florida in 2026?

DBPR's current maximum is $299 for preparation and delivery, plus up to $119 if expedited within 3 business days and up to $179 more if the parcel is delinquent. DBPR says the next update is due by July 1, 2027.

How long does an HOA have to provide an estoppel certificate?

Ten business days after a written or electronic request. If it misses that deadline, it can't charge a fee for that certificate.

Am I responsible for the seller's unpaid HOA dues in Florida?

A new owner is jointly and severally liable with the previous owner for unpaid assessments due up to the transfer of title, with a right to recover them from the previous owner. That's why the estoppel amounts are normally paid from the seller's proceeds at closing.

Does the HOA disclosure law apply to condos?

No. Section 720.401 doesn't apply to condominium or cooperative associations, which have their own disclosure rules under chapters 718 and 719.

Sources

Published October 31, 2026 by Zach Curtis, REALTOR®, Realty Hub, license SL3664129. General information for South Florida, not legal, tax, insurance or lending advice. Laws, programs and prices change; check the official sources above, and ask a Florida attorney, CPA, insurance agent or lender about your situation. Listing numbers are asking prices and rents from BeachesMLS on the date shown. Equal Housing Opportunity. Zach Curtis and Realty Hub follow federal, Florida and Broward County fair housing law. Every listing is open to everyone. We never steer anyone by race, color, religion, sex, national origin, disability, familial status, age, sexual orientation, gender identity, or any other protected class.

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