Pinellas condominium due diligence
Florida milestone inspections, structural reserve studies and five documents to request
Florida · Condominium due diligence
A review order, the contract-stage clock, and the extra paperwork in branded or hotel-operated buildings
A Florida condominium seller who is not the developer must give a buyer, at the seller’s expense, the declaration, bylaws, budget and reserve-study items. The resale contract must carry either an acknowledgment of receipt more than 7 days (excluding Saturdays, Sundays and legal holidays) before signing, or a clause allowing written cancellation within 7 such days.
In short: Florida resale contracts must carry either the buyer’s acknowledgment of receipt of association documents over 7 days (excluding weekends and holidays) before signing, or a 7-day written cancellation clause.
A reference guide, not legal, tax or insurance advice. Statutes checked October 9, 2026.
Start with the governing documents, then the money, then the building, then what is said about leasing and use. Each row separates what the statute states from what we suggest you look for.
| Document | What Florida law says | What to look for | Source |
|---|---|---|---|
| Declaration of condominium | A prospective purchaser under contract is entitled, “at the seller’s expense,” to a current copy. The association must also keep the recorded declaration and its amendments among its official records | Use and occupancy restrictions, what the owner and the association each maintain, how the declaration is amended, and anything that ties the unit to a hotel, club or other parcel | Notes 1, 2 |
| Articles, bylaws and rules | The same seller-delivery list includes the association’s articles of incorporation and the bylaws and rules. Section 718.112(2) lists what bylaws must cover, including board and owner meetings, the annual budget, assessments and how the bylaws are amended | How often the board meets, how notice is given, who may call meetings, and how amendments pass. If the bylaws fail to provide a method of amendment, the statute’s default (718.112(2)(j)1) is approval by the owners of not less than two-thirds of the voting interests | Notes 1, 4 |
| Annual budget and financial statement | Both are on the seller-delivery list. Section 718.112(2)(f) says the board adopts the annual budget at least 14 days before the fiscal year; it must be detailed by accounts and expense classifications, and its reserve accounts include roof replacement, building painting and pavement resurfacing and other items above $25,000 (or the Division’s inflation-adjusted amount) | Reserve lines compared with the reserve study, any line for an operator or management fee, and whether the board proposed a budget requiring assessments above 115 percent of the prior year’s (the statute then requires a substitute budget to be proposed at the same time, and excludes reserves and insurance premiums from that comparison) | Notes 1, 4 |
| Question-and-answer sheet | The seller-delivery list includes the “Frequently Asked Questions and Answers” document. Section 718.504 says it must address voting rights and limits on unit use, leasing limits, rent or land-use fees for recreational or common facilities, the assessment for each unit type, certain lawsuits where the association could face liability above $100,000, whether the condominium is within part of a building or a multiple-parcel building, and whether membership in a recreational facilities association is mandatory | The leasing and use answers, the multiple-parcel answer in a tower that includes a hotel or commercial space, and any mandatory-membership fee. Compare each answer with the declaration | Notes 1, 6 |
| Division governance form | A buyer is also entitled to a Division-prepared governance form covering eleven subjects, including board duties, meeting notice, owner voting rights and assessment obligations. The statute requires it to say it is “an informal educational overview of condominium governance” | Treat it as background; the declaration and bylaws control the building | Note 1 |
| Milestone inspection summary, structural integrity reserve study (SIRS) and turnover inspection report | The seller-delivery list includes the inspector’s milestone summary if applicable, the most recent SIRS or a statement that none has been completed, and a turnover inspection report for inspections performed on or after July 1, 2023. The detail is covered on the Pinellas condominium due-diligence guide, which this guide does not repeat | Whether each document exists, its date, and what the contract says about it (see the contract-stage clock below) | Notes 1, 5 |
| Insurance policies | Not on the seller-delivery list, but the association must keep its current insurance policies as official records. Section 718.111(11) requires adequate property insurance and sets what the association’s policy must exclude when items are within the boundaries of a unit and serve only that unit: personal property, floor, wall and ceiling coverings, electrical fixtures and appliances, water heaters and filters, built-in cabinets and countertops, and window treatments | Coverage limits, the deductible (the statute lets the board set deductibles), who pays the deductible for different causes of loss, and when replacement cost was last determined. Take the policy to your own insurance agent to ask what your unit policy needs to cover | Note 2 |
| Board minutes, contracts, bids and inspection reports | Official records include meeting minutes, current management agreements and contracts, bids for materials, equipment or services, and inspection reports (section 718.111(12)(a)). An owner may request records, and the association has 10 working days to make them available | Contractor bids, repair plans, litigation, assessment discussions and any management or operator contract. | Note 2 |
| Estoppel certificate | An association must issue one within 10 business days of a written or electronic request. It states assessment amounts and paid-through date, other fees, open rule violations, transfer approval and right-of-first-refusal status, other associations, and insurance contacts | Every amount owed and every amount scheduled to come due, and any “yes” answer on approval or right of first refusal. The next section covers who may request it | Note 3 |
| Leasing, occupancy and transfer approval | Section 718.112(2) does not itself require bylaws to contain a leasing or rental approval provision. Under 718.112(2)(k), a fee in connection with a sale, mortgage, lease or sublease is allowed only if the association is required to approve the transfer and the declaration, articles or bylaws provide for the fee, which may not exceed $150 per applicant. The estoppel form asks whether board or right-of-first-refusal approval applies | What the declaration says about rental periods, guests and approval, what the Q&A sheet says, and whether an application fee or deposit applies | Notes 3, 4, 6 |
This table summarizes statutory text checked in short excerpts on October 9, 2026. Read the statutes and your contract with your attorney.
The resale rules differ from the rules for a first sale by a developer. Day counts below are as the 2026 statutes state them; the exact contract clause controls.
| Step | What the 2026 statute says | What to confirm | Source |
|---|---|---|---|
| Resale: documents from the seller | Each prospective purchaser under a resale contract is entitled, at the seller’s expense, to a current copy of the eight listed items (declaration, articles, bylaws and rules, financial statement and budget, milestone summary, SIRS or statement, turnover report, Q&A sheet) | Ask for them in writing and record the date you received each one | Note 1 |
| Resale: the cancellation clause | Section 718.503(2)(d) says each contract for the resale of a residential unit must contain, in conspicuous type, either (1) an acknowledgment that the buyer was provided the declaration, articles, bylaws and rules, financial statement and budget, and Q&A document more than 7 days (excluding Saturdays, Sundays and legal holidays) before signing, or (2) a clause beginning “THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN 7 DAYS,” excluding Saturdays, Sundays and legal holidays, after the buyer signs and receives the documents. Under the second clause the notice must be written, any purported waiver has no effect, the buyer may extend the time for closing by up to 7 days, and the right to void ends at closing. A contract that does not conform to the paragraph is voidable at the option of the purchaser before closing | Which of the two clauses your contract uses, the date the 7 days start, and how the contract says notice must be delivered | Note 1 |
| Resale: milestone, turnover and reserve-study clause | Under 718.503(2)(e), for resale contracts entered into after December 31, 2024, the contract must state if the association is required to have a milestone inspection, turnover report or reserve study and has not completed it, or that it is not required. If it is complete, the contract must carry a buyer acknowledgment and a similar 7-day voidability clause (again excluding Saturdays, Sundays and legal holidays) tied to those documents | Which of the three situations your contract describes, and see the Pinellas guide for what the inspections cover | Note 1 |
| First sale by a developer | The developer must give the buyer the prospectus or disclosure statement with its exhibits, or a listed set of documents, including management and other service contracts. Under 718.503(1)(a), the contract must say it is voidable by the buyer’s written notice within 15 days after the buyer signs and receives all required items, and within 15 days after receiving any amendment that materially alters the offering adversely to the buyer. Under (1)(b) the buyer may also void the contract and recover the deposit until the documents are delivered, and the developer may not close for 15 days after signing unless the buyer agrees in a separate signed agreement. For contracts entered into after December 31, 2024 where certain inspections or studies are complete, (1)(d) uses 15 days excluding Saturdays, Sundays and legal holidays | Whether a prospectus was filed with the Division, the date every exhibit arrived, and whether any amendment followed | Notes 1, 6 |
| Association records | Records must be made available to a member within 10 working days after receipt of a written request. Failure to provide them within that time creates a rebuttable presumption that the association willfully failed to comply, and minimum damages are $50 per calendar day for up to 10 days, beginning on the 11th working day (718.111(12)(c)). An association managing 25 or more units that does not contain timeshare units must post digital copies of listed records on a website or app within 30 days after receiving or creating them (718.111(12)(g)) | Records are open to “any association member and any person authorized by an association member as a representative.” The text we read does not name a prospective purchaser; ask your attorney whether the seller should request records or authorize you | Note 2 |
| Estoppel certificate | Section 718.116(8) says the request may come from a unit owner or the owner’s designee, or a unit mortgagee or its designee, by written or electronic request. Issued within 10 business days and delivered by hand, regular mail or email on the date of issuance. Effective 30 days if hand-delivered or sent electronically and 35 days if sent by regular mail. A late certificate carries no fee, and a person who relies on it in good faith is protected from collection of more than it states | A buyer is not named as a requestor, so ask who will make the request and confirm the effective period will cover your closing date. Ask for an amended certificate if closing moves | Note 3 |
| Estoppel fee as written | The fee “may not exceed $250” where no delinquent amount is owed, with an additional fee of $100 if delivered within 3 business days after the request, and an additional fee of no more than $150 where delinquent amounts are owed (718.116(8)(f)). The statute says the fees are adjusted every 5 years by changes in the Consumer Price Index and that DBPR calculates and publishes the adjusted amounts on its website | Check DBPR’s current published amounts rather than relying on the figures in the statute’s text | Notes 3, 9 |
| Liability at closing | A new owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title (718.116(1)(a)); the liability is without prejudice to any right to recover from the previous owner | Compare the estoppel with the closing statement | Note 3 |
Sources disagree on the resale cancellation period. A 2021 article by a Florida law firm says “the buyer gets three days” when buying from a non-developer seller (Note 11); the 2026 text of section 718.503(2)(d) states 7 days, excluding Saturdays, Sundays and legal holidays (Note 1). We follow the statute; check your contract.
Section 718.301 sets when owners other than the developer can elect board members. They are entitled to elect at least one-third of the board when they own 15 percent or more of the units. They may elect at least a majority upon the first of seven events, among them three years after 50 percent of units are sold and three months after 90 percent are sold (Note 5). The developer may elect at least one board member as long as it holds for sale in the ordinary course of business at least 5 percent of the units (condominiums with fewer than 500 units) or 2 percent (more than 500 units) (Note 5).
At turnover the developer must, at its expense, deliver items that include the recorded declaration, articles, bylaws, minute books and house rules; audited financial statements through the date of turnover; plans and specifications with a developer’s certificate in affidavit form; insurance policies; certificates of occupancy; written warranties; the most recent SIRS; and two turnover inspection reports under the seal of an architect or engineer (or certified reserve specialist), one on structural items and one on systems such as elevators, heating and cooling, pool equipment, seawalls, pavement, drainage and irrigation (Note 5).
For a buyer, that suggests asking the seller or developer, in writing: has turnover happened, when, and were the audited records, plans and reports delivered? If the developer still sells units, the first-sale rules in the table above apply, including a prospectus in a development of more than 20 residential units (Notes 1, 6).
Florida’s statutes do not list these documents in the resale disclosure. Structures vary by project, so treat every row as “ask whether this exists.” The descriptions come from clearly labeled secondary sources, not from Florida law.
| Document or program | What the sources describe | Ask | Source |
|---|---|---|---|
| Brand or license agreement | Keystone Law, a UK firm writing about branded residences generally and not about Florida, describes a brand licensing arrangement with the developer in which the brand can withdraw the licence, a purchaser acknowledgement that the brand can be withdrawn, and a licence fee on resale charged by an increasing number of brands | Whether a brand or license agreement exists, whether the unit owner is bound by it or only the developer, what happens if the brand changes, and whether a resale fee applies | Note 12 |
| Residences management agreement, hotel management agreement and shared facilities agreement | Keystone describes an agreement among operator, brand and owners’ association covering operation to brand standards and budgeting, with the management fee passed to owners as service charges, and, where a hotel is attached, a hotel management agreement and a shared facilities agreement on amenity use and charging. In a Florida first sale, the developer must furnish management, maintenance and other service contracts, and the association keeps current management agreements as official records | Who the operator is, term and renewal, fees and how they reach the budget, who controls the association’s approvals, and whether amenity access can be withdrawn for unpaid charges (a point Keystone raises) | Notes 1, 2, 12 |
| Rental program | Keystone describes rental programs that may be mandatory or voluntary and may restrict short-term letting by non-participants. Becker & Poliakoff, a Florida firm, writes that a management agreement will restrict how many days a unit owner can stay and that the third party typically has a superior right to rent the units in the building | Whether participation is required or optional, owner-use days, the revenue split, what owners pay, and how a resale buyer enters or leaves the program | Notes 11, 12 |
| Securities questions about rental arrangements | The SEC’s Release No. 5347 (the text we read shows no date) states that offering condominium units with a rental pool can involve investment contracts that must be registered unless an exemption is available, and discusses a purchaser who must use an exclusive rental agent or is otherwise materially restricted. It also says a later, non-pooled rental arrangement with an agent who was not required as a condition of purchase does not cause a sale of a security to be involved in the sale of the unit | Ask your attorney whether any rental offering was registered or exempt. This guide does not decide that | Note 13 |
| Operator’s regulation under Florida law | The Becker article says the Florida Statutes “do not include provisions to govern these third parties” and that unit owners “do not have a legal say in how that third party manages or assesses.” This is one firm’s view; the article is dated February 15, 2021 and its page metadata lists a January 23, 2025 modification | Ask your attorney what protections are in the contract itself, since the statutes may not supply them | Note 11 |
| Lodging classification | Chapter 509 (2026) defines a transient public lodging establishment as a unit or complex rented to guests more than three times in a calendar year for periods of less than 30 consecutive days, or advertised as regularly rented that way. Subparagraph (4)(b)4 of the same section excludes certain condominium units from “public lodging establishment” only if conditions stated there are met; ask your attorney whether they apply | Ask whether any part of the building or any rental program is licensed as lodging, and by whom | Note 14 |
| Club or membership documents | We found no reliable Florida or authoritative source describing these. They vary by project | Ask whether any club or membership exists, whether joining is required, dues, transfer on resale, and whether access can end | None found |
See ABODE’s Florida branded residences guide, the branded residences hub for project pages, and the ownership-costs guide.
These are questions, not conclusions. The answer to any of them is a fact about one building.
| Check | Why it matters | Source |
|---|---|---|
| Did the seller deliver every item on the statutory list, and on what date? | The seller must provide the listed documents at its expense, and the contract’s cancellation clause turns on receipt of them | Note 1 |
| Which cancellation clause is in the contract, and what date does the count start? | For a resale, 718.503(2)(d) requires one of two clauses, each using 7 days that exclude Saturdays, Sundays and legal holidays; the right to void ends at closing | Note 1 |
| Does the estoppel show any unpaid amount, other fee, open rule violation, or approval or right of first refusal? | The certificate reports these items, and a new owner is jointly and severally liable for unpaid assessments that came due up to the time of transfer of title | Note 3 |
| Do the reserve lines in the budget match the reserve study, and has the board proposed a budget requiring assessments above 115 percent of the prior year’s? | The statute calls for a detailed budget with reserves, and a proposed budget above that 115 percent mark requires the board to propose a substitute budget at the same time | Note 4 |
| What does the association’s policy exclude, and what is the deductible and who pays it? | The statute excludes items within the boundaries of the unit that serve only that unit from the association’s policy, and policies may include deductibles as determined by the board | Note 2 |
| Do the minutes mention bids, special assessments, lawsuits or repairs not yet funded? | Minutes, bids and contracts are official records the association must keep | Note 2 |
| Is the developer still on the board, and was turnover completed with the required reports? | Section 718.301 sets when owners may elect board members and what the developer delivers at turnover | Note 5 |
| What do the declaration and the Q&A sheet say about leasing, guests and approval, and is there an application fee? | The sheet must address leasing limits and unit-use limits; fees on a sale or lease are allowed only on the terms of 718.112(2)(k) | Notes 4, 6 |
| Does the association post its records online, and are the posted records current? | Larger associations must post listed records within 30 days after receiving or creating them | Note 2 |
| In a branded or hotel-operated building, which brand, operator, rental and club documents bind a unit owner, and what happens if one ends? | The statute does not list them; secondary sources describe fees, owner-use limits and brand withdrawal as points to understand | Notes 11, 12 |
Pair the milestone and SIRS answers with the Pinellas condominium guide; for flood and coastal checks see the Florida coastal due-diligence guide.
The Florida Department of Business and Professional Regulation (DBPR) runs the Division of Florida Condominiums, Timeshares, and Mobile Homes. Its Condominiums & Cooperatives page describes guidance on issues within the Division’s “limited jurisdiction” for unit-owner-controlled associations, with guidance sheets on access to records, financial information, insurance and meetings, and links to a complaint form and an estoppel certificate and transfer fee page (Note 9). A separate condo information site says the Division offers mediation and arbitration, answers to common questions, and a list of associations that have self-reported completing a SIRS (Note 10). Self-reported means the list reflects what associations told the Division, so confirm against the report itself.
DBPR’s Office of the Condominium Ombudsman page calls the office “a neutral resource” to help owners, boards and associations understand their rights under Florida law. It lists liaison, election monitoring and facilitated voluntary meetings as functions, and offers virtual appointments and in-person office hours (Note 8). The page does not say what the office cannot do, so ask the office. We did not open the Ombudsman statute itself.
Section 718.1255 provides that, before filing suit on a covered dispute, a party generally petitions the Division for nonbinding arbitration or pursues presuit mediation. Among other exclusions, it leaves out disputes primarily about title to a unit or common element, the levy of a fee or assessment or collection of an assessment, and eviction or removal of a tenant (Note 7).
This guide is general information about what Florida statutes and agencies say as of October 9, 2026. It does not say whether a document is adequate, whether a cancellation right still exists on a given day, whether a rental program is a security, whether an association’s insurance is sufficient, or whether any building is a good purchase. Statutes change, so confirm the current text. Your attorney reads the contract and documents; your insurance agent reads the policy; your inspector and engineer assess the building.
We checked each statute passage in short excerpts and quote only short fragments. We did not review the Condominium Ombudsman statute, section 718.5013. The branded-project descriptions rest on two secondary sources, one of them non-Florida, and should be confirmed against the documents for the building you are considering.
Tell us the building and the date your cancellation window ends. An advisor can help you decide which documents to request first, keep a log of what the seller or association has delivered and when, and bring in the attorney, insurance agent, inspector or engineer you choose.
ABODE represents buyers and sellers. For a branded or hotel-operated building, we can help you ask the seller and developer which brand, operator, rental and club documents exist, so your attorney can review them.
Florida milestone inspections, structural reserve studies and five documents to request
What branded residences are, with sourced premium and demand figures
The hub for 13 sourced project guides in Florida and Nashville, with no prices
Cost categories, legal basis and the document that states each, for Florida branded condos
The state, federal and local lines that cross an oceanfront lot, and the order to test them
County guide to permitting offices, homestead rules, flood and evacuation lookups, and condo inspections
Who the developer, brand, operator, association, manager and owner are, and where each is stated
Developer first sale vs resale: disclosure, cancellation windows, deposits and turnover.
Who sets rental and owner-use rules for a Florida condo, and where a buyer reads them
A unit owner who is not the developer must give a buyer under contract, at the seller’s expense, a current copy of the declaration, the articles of incorporation, the bylaws and rules, the annual financial statement and budget, the milestone inspection summary if applicable, the most recent structural integrity reserve study or a statement that none exists, the turnover inspection report where applicable, and the Q&A document (Note 1). The buyer is also entitled to a Division governance form (Note 1). Insurance policies, minutes and contracts are official records you ask for (Note 2).
In a resale by an owner who is not the developer, the contract must carry either an acknowledgment that the buyer received the documents more than 7 days (excluding Saturdays, Sundays and legal holidays) before signing, or a clause making the contract voidable by the buyer’s written notice within 7 days (excluding the same days) after signing and receipt of the documents (Note 1). The right to void ends at closing, and a contract that does not conform is voidable by the purchaser before closing. In a first sale by a developer the period is 15 days (Note 1). Read your contract for the exact count.
The records statute opens records to association members and anyone they authorize as a representative, and requires the association to make them available within 10 working days after a written request (Note 2). The text we read does not name a prospective purchaser as a requestor, so ask your attorney how the seller should handle the request.
It is the association’s statement of what a unit owes and which fees, violations and approval rights apply. A unit owner or the owner’s designee, or a mortgagee or its designee, may request it. The association has 10 business days, and the certificate is effective 30 days if hand-delivered or emailed and 35 days if mailed (Note 3).
The statute requires adequate property insurance and says the association’s policy must exclude items such as personal property, floor, wall and ceiling coverings, electrical fixtures and appliances, water heaters, built-in cabinets and countertops, and window treatments when they are within the boundaries of the unit and serve only that unit (Note 2). Ask your own insurance agent what your unit policy should cover.
A first sale carries a 15-day voidability right (the contract legend counts from signing and receipt of all required items) and developer disclosures that include a prospectus in developments of more than 20 residential units (Notes 1, 6). Section 718.301 sets when owners can elect one-third and then a majority of the board, and lists what the developer delivers at turnover (Note 5).
The statute does not list them, so ask whether any brand or license agreement, management or operator agreement, shared facilities agreement, rental program or club membership exists and whether it binds a unit owner. Secondary sources describe brand withdrawal, resale fees, owner-use limits and operator rental rights as points to understand (Notes 11, 12).
DBPR’s Division of Florida Condominiums, Timeshares, and Mobile Homes publishes guidance and offers mediation and arbitration, and its Office of the Condominium Ombudsman describes itself as a neutral resource for owners, boards and associations (Notes 8, 9, 10). Neither replaces your attorney.
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