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Florida · §720.401Florida HOA disclosure summary (§720.401) and the 3-day right to cancel

A buyer of a home in a Florida community with a mandatory homeowners' association must be presented a disclosure summary before signing the contract (Fla. Stat. §720.401). The developer, or the selling owner on a resale, supplies it, and the contract must incorporate it. If the buyer did not get it before signing, the buyer may void the contract by written notice within 3 days after receiving it or before closing, whichever comes first. That right cannot be waived and ends at closing.

The rules

  1. Before the contract (§720.401(1)(a))

    The prospective owner must be presented the disclosure summary before executing the contract for sale.

  2. Contract clause (§720.401(1)(b))

    The contract must state in conspicuous type that it is voidable by the buyer if the summary was not provided before signing.

  3. 3 days (§720.401(1)(c))

    Written notice to the seller or seller's agent within 3 days after receipt of the summary or before closing, whichever occurs first. Any waiver has no effect; the right ends at closing.

  4. Not condos (§720.401(2))

    The section does not apply to associations under chapters 718 (condominiums), 719 (co-ops), 721 (timeshares) or 723 (mobile home parks).

What the summary says

  • Membership in the homeowners' association is mandatory, and recorded restrictive covenants govern use and occupancy.
  • The buyer must pay assessments and special assessments, which may change – current amounts if applicable.
  • Special assessments to a municipality, county or special district may apply; unpaid assessments can become a lien.
  • Rent or land use fees for recreational or common facilities may be an obligation of membership.
  • The developer may be able to amend the covenants without owner approval; the buyer should read the governing documents.

What the TC tracks

  • Disclosure summary signed by the buyer and dated before the contract.
  • If it came late: the receipt date and the 3-day window.
  • HOA estoppel and approval requirements on the closing checklist.

Questions about the Florida HOA disclosure summary

When must a Florida HOA disclosure summary be given?

Before the buyer executes the contract for sale (§720.401(1)(a)).

What if the buyer did not receive the HOA disclosure summary?

The buyer may void the contract by written notice within 3 days after receiving the summary or before closing, whichever occurs first (§720.401(1)(c)).

Can the buyer waive the HOA cancellation right?

No. Any purported waiver has no effect, but the right terminates at closing.

Who provides the HOA disclosure summary on a resale?

The selling parcel owner when the seller is not the developer.

Does §720.401 apply to Florida condos?

No. Condominiums are governed by chapter 718, which has its own resale document rules (§718.503).

Related guides

Keep the signed disclosure summary with the deal documents in ClosingCode and, if it arrived late, add the 3-day cancellation window as a task with a due date.

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Source: Florida Statutes §720.401 (leg.state.fl.us, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.