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Florida Statutes

Fla. Stat. § 720.401 (2025)

Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract cancellation.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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720.401 Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract cancellation.—
(1)(a) A prospective parcel owner in a community must be presented a disclosure summary before executing the contract for sale. The disclosure summary must be in a form substantially similar to the following form:

DISCLOSURE SUMMARY
FOR
(NAME OF COMMUNITY)

1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS’ ASSOCIATION.

2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY.

3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $  PER  . YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $  PER  .

4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.

5. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS’ ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY.

6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS’ ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $  PER  .

7. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS.

8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY.

9. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER.

DATE:     PURCHASER:

PURCHASER:

The disclosure must be supplied by the developer, or by the parcel owner if the sale is by an owner that is not the developer. Any contract or agreement for sale shall refer to and incorporate the disclosure summary and shall include, in prominent language, a statement that the potential buyer should not execute the contract or agreement until they have received and read the disclosure summary required by this section.

(b) Each contract entered into for the sale of property governed by covenants subject to disclosure required by this section must contain in conspicuous type a clause that states:

IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER’S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER’S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING.

(c) If the disclosure summary is not provided to a prospective purchaser before the purchaser executes a contract for the sale of property governed by covenants that are subject to disclosure pursuant to this section, the purchaser may void the contract by delivering to the seller or the seller’s agent or representative written notice canceling the contract within 3 days after receipt of the disclosure summary or prior to closing, whichever occurs first. This right may not be waived by the purchaser but terminates at closing.
(2) This section does not apply to any association regulated under chapter 718, chapter 719, chapter 721, or chapter 723; and also does not apply if disclosure regarding the association is otherwise made in connection with the requirements of chapter 718, chapter 719, chapter 721, or chapter 723.
History.—s. 40, ch. 92-49; s. 63, ch. 95-274; s. 4, ch. 98-261; s. 1, ch. 2003-48; s. 25, ch. 2004-345; s. 21, ch. 2004-353; s. 63, ch. 2008-240.
Note.—Former s. 689.26.
Notes of Decisions
Cited in 7 cases, 2008–2012 · leading case: Princeton Homes, Inc. v. Morgan, 38 So. 3d 207 (Fla. 4th DCA 2010).
Sort: Relevance Newest Treatment
Princeton Homes, Inc. v. Morgan, 38 So. 3d 207 (Fla. 4th DCA 2010). · cites it 37× “In entering summary judgment, the trial court concluded that the buyer, Christine Morgan, had the right to void her contract for the purchase of a townhome from Princeton Homes because she did not receive a disclosure summary under section 720.401, Florida Statutes. We affirm,…”
Bruno v. Mona Lisa at Celebration, LLC (In re Mona Lisa at Celebration, LLC), 472 B.R. 582 (Bankr. M.D. Fla. 2012). · cites it 11× “• Count XIV — Mona Lisa failed to disclose that the units were subject to a home owner’s association in violation of Fla. Stat. § 720.401 . • Count XV — Breach of Contract.”
Florida Farm, LLC v. 360 Developers, LLC, 45 So. 3d 810 (Fla. 3d DCA 2010). · cites it 27× “Almost three years later, Florida Farm sought to cancel the contract because it did not receive a “Disclosure Summary” pursuant to section 720.401 Florida Statutes (2004), which governs homeowners associations.”
Princeton Homes, Inc. v. Virone, 612 F.3d 1324 (11th Cir. 2010). · cites it 2× “DATE: PURCHASER: PURCHASER: Fla. Stat. § 720.401 (l)(a). The Virones never received a disclosure summary.”
Shelby Homes at Millstone, Inc. v. DaSilva, 983 So. 2d 786 (Fla. 4th DCA 2008). · cites it 2× “, as well as the disclosure summary requirement of section 720.401, Florida Statutes. The trial court denied Shelby Homes' motion to dismiss for improper venue, which was based on the parties' alleged agreement that any litigation arising out of the sales contract would *787…”
Taplett v. TRG Oasis (Tower Two), Ltd., L.P., 755 F. Supp. 2d 1197 (M.D. Fla. 2009). “Count II, encompassed by supplemental jurisdiction, alleges a violation of Florida Statute § 720.401. On September 30, 2008, TRG filed the present combined motion to dismiss and memorandum of law [d/e 20].”
Tempel v. S. Homes of Palm Beach, L.L.C., 90 So. 3d 848 (Fla. 3d DCA 2012). · cites it 20× “, substantially complied with the requirements set forth in section 720.401, Florida Statutes (2011).”
— 720.401(1)(a) — 1 case
Princeton Homes, Inc. v. Morgan, 38 So. 3d 207 (Fla. 4th DCA 2010). “In entering summary judgment, the trial court concluded that the buyer, Christine Morgan, had the right to void her contract for the purchase of a townhome from Princeton Homes because she did not receive a disclosure summary under section 720.401, Florida Statutes. We affirm,…”
— 720.401(1)(b) — 1 case
Princeton Homes, Inc. v. Morgan, 38 So. 3d 207 (Fla. 4th DCA 2010). “In entering summary judgment, the trial court concluded that the buyer, Christine Morgan, had the right to void her contract for the purchase of a townhome from Princeton Homes because she did not receive a disclosure summary under section 720.401, Florida Statutes. We affirm,…”
— 720.401(1)(c) — 1 case
Princeton Homes, Inc. v. Morgan, 38 So. 3d 207 (Fla. 4th DCA 2010). “In entering summary judgment, the trial court concluded that the buyer, Christine Morgan, had the right to void her contract for the purchase of a townhome from Princeton Homes because she did not receive a disclosure summary under section 720.401, Florida Statutes. We affirm,…”
— 720.401(2) — 1 case
Florida Farm, LLC v. 360 Developers, LLC, 45 So. 3d 810 (Fla. 3d DCA 2010). “Almost three years later, Florida Farm sought to cancel the contract because it did not receive a “Disclosure Summary” pursuant to section 720.401 Florida Statutes (2004), which governs homeowners associations.”
— 720.401(a)(1)(6) — 1 case
Tempel v. S. Homes of Palm Beach, L.L.C., 90 So. 3d 848 (Fla. 3d DCA 2012). “, substantially complied with the requirements set forth in section 720.401, Florida Statutes (2011).”
— 720.401(a)(l)(6) — 1 case
Tempel v. S. Homes of Palm Beach, L.L.C., 90 So. 3d 848 (Fla. 3d DCA 2012). “, substantially complied with the requirements set forth in section 720.401, Florida Statutes (2011).”
— 720.401(l)(a) — 4 cases
Princeton Homes, Inc. v. Morgan, 38 So. 3d 207 (Fla. 4th DCA 2010). “In entering summary judgment, the trial court concluded that the buyer, Christine Morgan, had the right to void her contract for the purchase of a townhome from Princeton Homes because she did not receive a disclosure summary under section 720.401, Florida Statutes. We affirm,…”
Bruno v. Mona Lisa at Celebration, LLC (In re Mona Lisa at Celebration, LLC), 472 B.R. 582 (Bankr. M.D. Fla. 2012). “• Count XIV — Mona Lisa failed to disclose that the units were subject to a home owner’s association in violation of Fla. Stat. § 720.401 . • Count XV — Breach of Contract.”
Florida Farm, LLC v. 360 Developers, LLC, 45 So. 3d 810 (Fla. 3d DCA 2010). “Almost three years later, Florida Farm sought to cancel the contract because it did not receive a “Disclosure Summary” pursuant to section 720.401 Florida Statutes (2004), which governs homeowners associations.”
Tempel v. S. Homes of Palm Beach, L.L.C., 90 So. 3d 848 (Fla. 3d DCA 2012). “, substantially complied with the requirements set forth in section 720.401, Florida Statutes (2011).”
— 720.401(l)(a)(6) — 1 case
Tempel v. S. Homes of Palm Beach, L.L.C., 90 So. 3d 848 (Fla. 3d DCA 2012). “, substantially complied with the requirements set forth in section 720.401, Florida Statutes (2011).”
— 720.401(l)(b) — 2 cases
Princeton Homes, Inc. v. Morgan, 38 So. 3d 207 (Fla. 4th DCA 2010). “In entering summary judgment, the trial court concluded that the buyer, Christine Morgan, had the right to void her contract for the purchase of a townhome from Princeton Homes because she did not receive a disclosure summary under section 720.401, Florida Statutes. We affirm,…”
Florida Farm, LLC v. 360 Developers, LLC, 45 So. 3d 810 (Fla. 3d DCA 2010). “Almost three years later, Florida Farm sought to cancel the contract because it did not receive a “Disclosure Summary” pursuant to section 720.401 Florida Statutes (2004), which governs homeowners associations.”
— 720.401(l)(c) — 2 cases
Princeton Homes, Inc. v. Morgan, 38 So. 3d 207 (Fla. 4th DCA 2010). “In entering summary judgment, the trial court concluded that the buyer, Christine Morgan, had the right to void her contract for the purchase of a townhome from Princeton Homes because she did not receive a disclosure summary under section 720.401, Florida Statutes. We affirm,…”
Florida Farm, LLC v. 360 Developers, LLC, 45 So. 3d 810 (Fla. 3d DCA 2010). “Almost three years later, Florida Farm sought to cancel the contract because it did not receive a “Disclosure Summary” pursuant to section 720.401 Florida Statutes (2004), which governs homeowners associations.”
— 720.401(l)(e) — 1 case
Princeton Homes, Inc. v. Morgan, 38 So. 3d 207 (Fla. 4th DCA 2010). “In entering summary judgment, the trial court concluded that the buyer, Christine Morgan, had the right to void her contract for the purchase of a townhome from Princeton Homes because she did not receive a disclosure summary under section 720.401, Florida Statutes. We affirm,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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