Overview
Selling a condo in Miami involves more paperwork than a typical home sale: the Condo Rider attached to the purchase contract, the Seller's Property Disclosure, a full set of condo association documents (declaration, bylaws, financials, and more) provided at the seller's expense, the Florida Condominium Governance Form, and a signed Receipt of Condominium Cooperative Documents. Preparing these in advance, ideally before you even list, helps avoid delays and legal issues once you're under contract.
Condo Rider (Comprehensive Rider to the Residential Contract for Sale and Purchase)
This rider attaches to the purchase contract and covers key condo-specific points, including:
- Approval information
- Right of first refusal
- Fees, assessments, prorations, and litigation
- Sprinkler system retrofit status
- Non-developer disclosure
- Buyer's request for documents
- Buyer's receipt of documents
- Common elements and parking
- Inspections and repairs
- Governance form
Seller's Property Disclosure for Condos
The Seller's Property Disclosure isn't attached to the purchase contract itself, but Florida law still requires sellers to disclose all known facts that materially affect a property's value and aren't readily observable to the buyer, a duty established by the Florida Supreme Court in Johnson v. Davis.1
The Florida Bar and Florida Realtors created this disclosure form to help sellers comply with that duty, though it may not cover every issue unique to your specific unit. A useful standard: think about what you'd want to know if you were the one buying the condo today.
"Materially affects value and isn't readily observable" generally covers things like mold or hidden water intrusion behind paint or a wall, issues a buyer wouldn't reasonably catch on a walkthrough.
Condo Documents Sellers Must Provide
Under Florida law, a buyer under contract to purchase a condo unit is entitled to a set of documents at the seller's expense, including:
- The Declaration of Condominium
- Articles of Incorporation of the association
- Bylaws and rules of the association
- Financial information
- Frequently Asked Questions and Answers document
Preparing these before listing is best practice; it's typically the seller's responsibility to request them from the association. Documents like the Declaration, Articles of Incorporation, and Bylaws are also publicly accessible through the Miami-Dade County Clerk's website.
Florida Condominium Governance Form
Buyers are also entitled to a Condominium Governance Form, provided by the Division of Condominiums, Timeshares, and Mobile Homes at the Department of Business and Professional Regulation (DBPR), designed to help sellers comply with state condominium law.
This form gives buyers key information about the association's governance: its board of directors, financial position, any legal disputes it's involved in, and its rules, regulations, and fee structure.
As the seller, you're responsible for presenting this form to the buyer. Your agent should provide it promptly, along with all other required documents and disclosures under the contract.
Receipt of Condominium Cooperative Documents
Your agent should have the buyer sign a Receipt of Condominium Cooperative Documents form, acknowledging they've received the condo documents and Governance form. Depending on the contract type, sellers have a specific window to deliver these documents, so send them promptly after going under contract and secure the signed receipt right away to avoid disputes later.
Common questions
The seller typically covers the cost of providing the required documents, including the declaration, bylaws, and financial information, to the buyer.
The Condo Rider attaches directly to the purchase contract and covers condo-specific contract terms. The Seller's Property Disclosure is a separate document addressing known property defects, required under Florida case law rather than being part of the contract itself.
It's often available publicly through the Miami-Dade County Clerk's website, in addition to being provided directly by your association upon request.
It can delay closing or create legal exposure, since Florida law entitles the buyer to receive these documents within the contract's specified timeframe. Prepare them before listing whenever possible.
1. Johnson v. Davis, 480 So.2d 625 (Fla. 1985).
Preparing to sell your Miami condo? Get a free market analysis on Allioo or reach out for guidance on gathering the required documents.
Anthony Johnson is a Miami Real Estate Agent, licensed for over 10 years and specializing in Downtown Miami and South Beach condos. He is the founder of Allioo, a platform enhancing the experience for Miami condo sellers and landlords, and of Allioo Studio, which builds real estate tools and website templates for real estate agents.
