Buying in Weston often means joining a condo or homeowners’ association. The documents you receive before you sign can protect your budget and your peace of mind. If you know what Florida law requires, you can avoid surprises like special assessments, approval delays, or undisclosed violations. This guide breaks down the exact disclosures and certificates you should expect, when they are due, and how to use them to make a confident decision. Let’s dive in.
Know your community type
Your first step is to confirm whether the property is a condominium, a cooperative, or a home in a planned community with an HOA. Florida has different rules for each. Condominium purchases are governed by Chapter 718, while most HOAs follow Chapter 720. The type controls which disclosures you receive and your cancellation rights. You can review the relevant statutes for condominiums in section 718.503 and for HOAs in Chapter 720.401’s disclosure framework within Chapter 720.
Many important rules also live in the recorded governing documents. In Broward County, you can search recorded declarations, covenants, and amendments in the Broward County Official Records.
What you must receive before you buy
If you are buying a condominium
Under Florida Statutes section 718.503, for a resale unit you are entitled to key association documents at the seller’s expense. Expect current copies of:
- Declaration of condominium and all amendments.
- Articles of incorporation, bylaws, and rules.
- Most recent year-end financial information and current budget.
- The association’s Frequently Asked Questions and Answers and the DBPR governance form.
- Any required inspection, reserve, or structural integrity reports and relevant long-term contracts.
Resale contracts include a conspicuous clause that gives you a limited right to cancel if required documents are not provided, or within a short period after you receive them. Review the exact timing in section 718.503.
If you are buying in an HOA community
Before you sign the contract, you must receive a statutory HOA disclosure summary that explains mandatory membership, assessments, possible special assessments, and where to find the governing documents. If you are not given that summary before signing, the statute gives you a short cancellation window. See the disclosure and voidability language in Chapter 720.
In practice, you should also review the declaration/CC&Rs, bylaws, rules, budget and reserves, insurance information, and any pending special assessments or litigation before you commit.
If you are buying a cooperative
Cooperatives follow their own chapter, but buyers should receive association documents similar to condos. Confirm the property type early and ask for the full set of resale documents.
Estoppel and resale certificates
An estoppel, sometimes called a resale certificate, confirms the account status and key transfer requirements. Associations must follow strict timelines and content rules.
- Who issues it: The association or its management company prepares it, usually ordered by the title company or closing agent.
- Delivery deadline: The association must deliver the estoppel within 10 business days of a written or electronic request. See section 720.30851 for HOAs and section 718.116 for condos.
- Contents and effective period: The certificate must list owner and parcel info, itemized amounts due, open violations, approval or right-of-first-refusal requirements, special assessments, and contact details. It is binding for 30 days if delivered electronically or by hand, 35 days by mail.
- Fees: Statutes cap fees. Typically you see a base fee up to about $250 if the account is current, with permitted add-ons for rush service and delinquent accounts. If the association misses the 10-business-day deadline, it cannot charge the fee. The rules and practical uses are explained in section 720.30851 and summarized for closings by a title firm here.
Lenders and title companies rely on estoppels to verify payoffs and restrictions. If the numbers change, the association can issue an amended estoppel that restarts the effective period.
Your Weston buyer checklist
Use this quick list to focus your review:
- Assessments and reserves. Confirm current dues, any special assessments, and whether reserves are funded. Underfunded reserves can lead to future special assessments. See consumer guidance from Florida Realtors.
- Litigation. Look for pending or recent association lawsuits that may impact assessments or insurance. Estoppels disclose litigation status under section 720.30851.
- Insurance. Review common-area coverage and deductibles so you understand your exposure after a loss. Insurance points are addressed in estoppels under section 720.30851.
- Rental and occupancy rules. If you plan to rent, read restrictions and approval processes. See overview guidance from Florida Realtors.
- Transfer and capital contributions. Identify transfer fees or working capital requirements in the documents and estoppel.
- Approvals and rights of first refusal. Check if board approval or ROFR applies, since it can affect timing. Estoppels must state these under section 720.30851.
- Open violations and fines. Confirm any outstanding violations. Estoppels must disclose them under section 720.30851.
Timeline and who pays what
- Before contract: For HOAs, receive the statutory disclosure summary before signing. For condos, confirm you will receive the documents listed in section 718.503. Make sure your contract includes the correct statutory clauses and review windows.
- After contract opens: The title company requests the estoppel. The association must provide it within 10 business days. Plan closing so the estoppel remains within its 30 to 35 day effective period. See section 720.30851.
- Who pays the estoppel: In many Weston resales, the seller pays the estoppel fee, but contracts can shift this. If a prepaid estoppel is ordered and the sale does not close, statute-based refund rules may apply. A practical overview is available from a title resource here.
Red flags and your remedies
Watch for missing financials, repeated special assessments, unresolved litigation, or associations that miss the 10-business-day estoppel deadline. If the association is late, it cannot charge the fee. You can also use a summary proceeding to compel delivery and, if you prevail, recover reasonable attorney fees. See section 720.30851.
For contract-level problems, your cancellation rights depend on the community type and timing. Condo buyers have a limited rescission right tied to receipt of documents in section 718.503. HOA buyers have a voidability window if the disclosure summary was not given before signing under Chapter 720.
Where to find documents in Broward
If you need to verify recorded governing documents, use the Broward County Official Records search for declarations, covenants, and amendments. Ask the seller or association for full copies if something is missing.
Get local help
You do not have to navigate HOA disclosures alone. Our team coordinates document requests, tracks deadlines, and helps you spot issues early so you can close on time and with confidence. If you want a clear, step-by-step plan for your Weston purchase, connect with Teresa Santana.
FAQs
What is an estoppel certificate in Florida and why does it matter?
- It is an association’s written statement of amounts due, violations, approvals, and transfer requirements. Lenders and title companies rely on it, and its figures are binding for a short period under sections 718.116 and 720.30851.
How long does an HOA or condo association have to deliver the estoppel?
- Florida law requires delivery within 10 business days of a written or electronic request; if late, the association cannot charge the fee under section 720.30851.
What documents must a condo seller give a Florida buyer?
- For resales, section 718.503 requires the declaration, articles, bylaws, rules, recent financials and budget, FAQ/governance form, and certain inspection or reserve reports, plus a contract clause giving a limited cancellation right.
What if I did not receive the HOA disclosure summary before signing?
- Chapter 720 provides a short cancellation window if the disclosure summary was not given before contract execution; check your contract’s statutory language for timing.
Who usually pays the estoppel fee in a Weston resale?
- It is commonly paid by the seller, but your contract can allocate it differently; statutes cap fees and set refund rules if a prepaid estoppel is unused.
How can I find my HOA’s recorded rules in Broward County?
- Search declarations, covenants, and amendments in the Broward County Official Records online portal and request full document sets from the seller or association if needed.
