When selling your Miami condo you can expect to provide the buyer these documents and disclosures

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.