The Florida real estate market is seeing some changes in how condominium and cooperative transactions are conducted. Following the Surfside condominium tragedy, the Florida Legislature has passed new laws aimed at improving the safety of these types of properties. The latest changes include updates to the condominium and cooperative riders that will take effect on March 20, 2023. These revisions will address the new documents buyers of specific condominiums and cooperatives are entitled to receive from sellers.
These updates will affect the following forms:
Rider A. Condominium Rider to Florida Realtors/Florida Bar Residential Contract for Sale and Purchase along with its AS IS companion
Addendum F. Contract for Residential Sale and Purchase (CRSP) of the Condominium Association
Addendum to Contract for Sale and Purchase of the Cooperative
New language in the condominium and cooperative documents will inform buyers of their access to two essential documents:
Inspector-prepared summary of the Milestone Inspection of the condo or co-op
Structural integrity reserve study, or a statement indicating it has not been completed
The Milestone Inspection is a structural inspection conducted for life safety purposes.
Condominium and cooperative buildings three stories or higher
Buildings occupied for 30 years or more or 25 years or more if located within three miles of Florida's coastline
The structural integrity reserve study studies the reserve funds required for future major repairs and replacements of the common areas in condominium and cooperative association buildings three stories or higher.
In addition to updating the riders, Florida Realtors will create a new disclosure form to reference these changes in the law. A section will be added to the existing Seller's Property Disclosure-Condominiums form to address these changes.
Not all sellers are not required to provide the new documents to buyers unless their association is one of the specific ones subject to the law. If the association has not obtained the inspection or study, they have 23 months to do so.
Condo Financial Transparency
The updated condominium and cooperative riders are part of a more significant effort to improve transparency and safety in the Florida real estate market. To further this goal, Miami-Dade County is making the condominium and cooperative documents more accessible to buyers and the public.
Soon, these documents will be available via a portal, which will allow anyone to access the information they need quickly and easily. Each association must register with the Miami-Dade County Department of Regulatory and Economic Resources and file an annual report with the required documents. This report will be made public, ensuring that the information is accessible.
By making the condominium and cooperative documents more easily accessible, Miami-Dade County is working to create a more informed and safer real estate market. Buyers will have access to the information they need to make informed decisions, and the public will be able to see the information about each association and the conditions of the properties they own. This increased transparency is expected to benefit the real estate market and make it safer for buyers, sellers, and the public.
Conclusion
These updates to the Florida real estate market aim to improve the safety of condominium and cooperative properties and ensure that buyers are receiving all the information they need to make informed decisions. The new documents will give buyers a better understanding of the condition of the property they are purchasing and the reserve funds available for future repairs. By updating the riders and creating new forms, Florida Realtors is moving towards a safer and more transparent real estate market.