In the following post I discuss the disclosure requirements of these 2 reports. But in THIS POST I discuss what they.

So I was looking at the updated Condominium Disclosure rider and I noted something. The new requirements for a Seller of a Condominium to provide a Buyer the MILESTONE INSPECTION REPORT SUMMARY and the STRUCTURAL INTEGRITY RESERVE STUDY are NOT lumped in with the other condo docs like the Declarations, Articles, FAQ etc with the right to cancel the Contract within (3) days (for non developers) of delivery, does NOT include these (2) documents.

I copied this from the disclosure:

MILESTONE INSPECTION REPORT SUMMARY: Pursuant to Section 718.503(2)(a)5, F.S., Buyer who has entered into this Contract is entitled, at Seller’s expense, to receive from Seller, before the sale of the Property, a copy of the inspector-prepared summary of the milestone inspection report, as described in Sections 553.899 and 718.301(4)(p), Florida Statutes, if (1) applicable and (2) the summary has been submitted to the Association.

STRUCTURAL INTEGRITY RESERVE STUDY: Pursuant to Section 718.503(2)(a)6, F.S., Buyer who has entered into this Contract is entitled, at Seller’s expense, to receive from Seller, before the sale of the Property, a copy of the Association’s most recent structural integrity reserve study or a statement that the Association has not completed a structural integrity reserve study.

I copied this from the statute refferenced:

(2) NONDEVELOPER DISCLOSURE.—

(a) Each unit owner who is not a developer as defined by this chapter must comply with this subsection before the sale of his or her unit. Each prospective purchaser who has entered into a contract for the purchase of a condominium unit is entitled, at the seller’s expense, to a current copy of all of the following:

1. The declaration of condominium.

2. Articles of incorporation of the association.

3. Bylaws and rules of the association.

4. Financial information required by s. 718.111.

5. A copy of the inspector-prepared summary of the milestone inspection report as described in s. 553.899, if applicable.

6. The association’s most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study.

7. A copy of the inspection report described in s. 718.301(4)(p) and (q) for a turnover inspection performed on or after July 1, 2023.

8. The document entitled “Frequently Asked Questions and Answers” required by s. 718.504.

(b) The prospective purchaser is also entitled to receive from the seller a copy of a governance form. Such form shall be provided by the division summarizing governance of condominium associations. In addition to such other information as the division considers helpful to a prospective purchaser in understanding association governance, the governance form shall address the following subjects:

1. The role of the board in conducting the day-to-day affairs of the association on behalf of, and in the best interests of, the owners.

2. The board’s responsibility to provide advance notice of board and membership meetings.

3. The rights of owners to attend and speak at board and membership meetings.

4. The responsibility of the board and of owners with respect to maintenance of the condominium property.

5. The responsibility of the board and owners to abide by the condominium documents, this chapter, rules adopted by the division, and reasonable rules adopted by the board.

6. Owners’ rights to inspect and copy association records and the limitations on such rights.

7. Remedies available to owners with respect to actions by the board which may be abusive or beyond the board’s power and authority.

8. The right of the board to hire a property management firm, subject to its own primary responsibility for such management.

9. The responsibility of owners with regard to payment of regular or special assessments necessary for the operation of the property and the potential consequences of failure to pay such assessments.

10. The voting rights of owners.

11. Rights and obligations of the board in enforcement of rules in the condominium documents and rules adopted by the board.

The governance form shall also include the following statement in conspicuous type: “This publication is intended as an informal educational overview of condominium governance. In the event of a conflict, the provisions of chapter 718, Florida Statutes, rules adopted by the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation, the provisions of the condominium documents, and reasonable rules adopted by the condominium association’s board of administration prevail over the contents of this publication.”

BUT, the right of termination FS reads:

2. A clause which states: THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING.

(k) Structural integrity reserve study.—

1. A residential cooperative association must have a structural integrity reserve study completed at least every 10 years for each building on the cooperative property that is three stories or higher in height, as determined by the Florida Building Code, that includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

a. Roof.

b. Structure, including load-bearing walls and other primary structural members and primary structural systems as those terms are defined in s. 627.706.

c. Fireproofing and fire protection systems.

d. Plumbing.

e. Electrical systems.

f. Waterproofing and exterior painting.

g. Windows and exterior doors.

h. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in sub-subparagraphs a.-g., as determined by the visual inspection portion of the structural integrity reserve study.

It is worth noting here that the the Milestone Study is sent to the association’s local building department, where it can be examined by anyone who requests it. All one need do is to make a public records request for it.

A few years back the Florida Association of Realtors pushed this as there were HOA’s out there charging ridiculous amount for HOA Estoppels. The basics os these are an accounting of what the current unit owner ows the HAO but the statute is much broader…

720.30851 Estoppel certificates.—Within 10 business days after receiving a written or electronic request for an estoppel certificate from a parcel owner or the parcel owner’s designee, or a parcel mortgagee or the parcel mortgagee’s designee, the association shall issue the estoppel certificate. Each association shall designate on its website a person or entity with a street or e-mail address for receipt of a request for an estoppel certificate issued pursuant to this section. The estoppel certificate must be provided by hand delivery, regular mail, or e-mail to the requestor on the date of issuance of the estoppel certificate.

(1) An estoppel certificate may be completed by any board member, authorized agent, or authorized representative of the association, including any authorized agent, authorized representative, or employee of a management company authorized to complete this form on behalf of the board or association. The estoppel certificate must contain all of the following information and must be substantially in the following form:

(a) Date of issuance: 

(b) Name(s) of the parcel owner(s) as reflected in the books and records of the association: 

(c) Parcel designation and address: 

(d) Parking or garage space number, as reflected in the books and records of the association: 

(e) Attorney’s name and contact information if the account is delinquent and has been turned over to an attorney for collection. No fee may be charged for this information.

(f) Fee for the preparation and delivery of the estoppel certificate: 

(g) Name of the requestor: 

(h) Assessment information and other information:

ASSESSMENT INFORMATION:

1. The regular periodic assessment levied against the parcel is $  per   (insert frequency of payment)  .

2. The regular periodic assessment is paid through   (insert date paid through)  .

3. The next installment of the regular periodic assessment is due   (insert due date)   in the amount of $ .

4. An itemized list of all assessments, special assessments, and other moneys owed on the date of issuance to the association by the parcel owner for a specific parcel is provided.

5. An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the estoppel certificate is provided. In calculating the amounts that are scheduled to become due, the association may assume that any delinquent amounts will remain delinquent during the effective period of the estoppel certificate.

OTHER INFORMATION:

6. Is there a capital contribution fee, resale fee, transfer fee, or other fee due?  (Yes)  (No). If yes, specify the type and amount of the fee.

7. Is there any open violation of rule or regulation noticed to the parcel owner in the association official records?  (Yes)  (No).

8. Do the rules and regulations of the association applicable to the parcel require approval by the board of directors of the association for the transfer of the parcel?  (Yes)  (No). If yes, has the board approved the transfer of the parcel?  (Yes)  (No).

9. Is there a right of first refusal provided to the members or the association?  (Yes)  (No). If yes, have the members or the association exercised that right of first refusal?  (Yes)  (No).

10. Provide a list of, and contact information for, all other associations of which the parcel is a member.

11. Provide contact information for all insurance maintained by the association.

12. Provide the signature of an officer or authorized agent of the association.

The association, at its option, may include additional information in the estoppel certificate.

(2) An estoppel certificate that is hand delivered or sent by electronic means has a 30-day effective period. An estoppel certificate that is sent by regular mail has a 35-day effective period. If additional information or a mistake related to the estoppel certificate becomes known to the association within the effective period, an amended estoppel certificate may be delivered and becomes effective if a sale or refinancing of the parcel has not been completed during the effective period. A fee may not be charged for an amended estoppel certificate. An amended estoppel certificate must be delivered on the date of issuance, and a new 30-day or 35-day effective period begins on such date.

(3) An association waives the right to collect any moneys owed in excess of the amounts specified in the estoppel certificate from any person who in good faith relies upon the estoppel certificate and from the person’s successors and assigns.

(4) If an association receives a request for an estoppel certificate from a parcel owner or the parcel owner’s designee, or a parcel mortgagee or the parcel mortgagee’s designee, and fails to deliver the estoppel certificate within 10 business days, a fee may not be charged for the preparation and delivery of that estoppel certificate.

(5) A summary proceeding pursuant to s. 51.011 may be brought to compel compliance with this section, and the prevailing party is entitled to recover reasonable attorney fees.

(6) An association or its authorized agent may charge a reasonable fee for the preparation and delivery of an estoppel certificate, which may not exceed $250, if, on the date the certificate is issued, no delinquent amounts are owed to the association for the applicable parcel. If an estoppel certificate is requested on an expedited basis and delivered within 3 business days after the request, the association may charge an additional fee of $100. If a delinquent amount is owed to the association for the applicable parcel, an additional fee for the estoppel certificate may not exceed $150.

HOA’s in Florida, like the new Alton in Palm Beach Gardens, are not as heavily regulated as Condominiums. Currently there is NO limit on what a Home Owners Association may charge to approve a sale or lease application. They may even charge a “capitol contribution”. HOWEVER: The docs must state there is such a contribution and/or that sales or leases must approved by the association. The BOARD (not the management company) must then set this fee. And, the fee for approval of an application anyway, charged must be “reasonable” if it is collected by a management company as they are required, by their license, to deal honestly and fairly with the public. Note that in the case of sale there is a limit on the fee that a management company may charge for “Estoppels“. This is basically an accounting from the association as to what the current owner owes to them.

Can I rent out my Casita in Alton? The short answer is: Yes, you can. The more involved answer is for the question: Should I?

Thinking of renting out your Casita? Give me a call and I will be happy to assist you, Chris Ryder 561.626.8550/

When Alton was appoved by the City of Palm Beach Gardens they did so with an approval of what was termed a “rentable accessory apartment”.

Thus, you may legally rent out the Casita in Alton. Technically this would require a business tax receipt from the city.

Should you? Well, it’s only for the money BUT be aware that in doing so you may jeopardize at least a portion of your Homestead Exemption. If your property is homesteaded then it is supposed to be used ONLY for YOU to reside in. You may work from home BUT if you lease out a portion of the property accessory giving others the exclusive right to occupy it an you may only enter it as a Landlord then the property is being used as a business. The Florida Supreme Court recently rules that a person who had a homestead in place but rented part of it (rooms within the property) to others for their exclusive use were not entitled to the full homestead exemption. They got the exemption on the space they utilized but lost it for the rooms. The property appraiser estimated the space rented out to be 15% of the total SF and sent the Owner a bill, plus penalties and interest.

Quick answer: YES. All 3 of these are distinct roles in the FAR BAR As-Is Contract and although they are often the same they do not need to be. The Escrow Agent is defined on page 1 as a “fill in the blank” on the contract. It is typically left blank, to be filled in by the Seller, OR filled in with the typical Closing and Title agnecy used by the agent for the Buyer.

THIS QUESTION OF WHO SHOULD HOLD THE ESCROW FUNDS SHOULD BE ANSWERED WITHOUT THOUGHT. As I go into in this blog the question of who whould hold title is an important detail. If you’re a Buyer reading this and your agent does not know these intricacies then perhaps you should not be entrusting them with what is often the the largest transact of YOUR LIFE.

BTW, the Closing Agent is responsible for colelcting documents and funds and getting everything signed and recorded. The Title Agent is an insurance agent resposible for issuance of the title policy.

How many is “too many” people to live in a housing unit, a condo, town house or house, in Palm Beach county?

First question is: Do the (if there are any) recorded documents or rules and regulation of the condo or HOA specify this? Many, but not all do.

Second is why is it Palm Beach County that we are asking the question for? Because the county code speaks to this. BUT be aware that there MAY also be local ordinance which can be more restrictive but not less restictive than the county ordinance. This is a link to code for Palm Beach County.

“Area for sleeping purposes. Every habitable room used for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor area for each occupant thereof. Exception: Shelters, hospitals and similar uses shall be exempt.”

Note that the min dimension of a bedroom is 7′ and it must be 70 SF as per the above and it can NOT be a common room, like a living room as per “Prohibited occupancy. Kitchens, nonhabitable spaces and interior public areas shall not be used for sleeping purposes.” That it must have access to a bathroom “Water closet accessibility. Every bedroom shall have access to at least one (1) water closet and one (1) lavatory without passing through another bedroom.” and one must not HAVE to pass through another bedroom to get to it nor have to pass through a bedroom to get to other habitable space “Access from sleeping rooms. Sleeping rooms shall not constitute the only means of access to other sleeping rooms or habitable spaces.”