Is an electronic copy of the Condominium Documents OK?
This comes up ALL THE TIME. The Condominium Rider to the Contract is used to comply with Florida Statute…
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.
So, is it OK for the Seller (or Agent) to simply direct the Buyer as to where they may obtain these items or even to send along an electronic copy of these documents?
In short, MAYBE. Sorry but according to FAR there is no common law and the statue itself is not clear on this. What they did say was:
-The Buyer is entitled to the documents requested of the Seller FREE of charge.
-The acceptance of an electronic copy of the requested documents would be at the discretion of the Buyer. If the Buyer accepts an electronic copy then OK but less technical people or even those in town without access to a printer may not.
-It would not be acceptable for the Seller, nor their agent, to simply direct a Buyer or their agent to a web site where they may find the requested documents. They need to be affirmatively given by the Seller, perhaps through their agent ,and received by the Buyer, if requested.
