!
Comprehensive Rider to the
Residential Contract For Sale And Purchase
THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR
If initiated by all parties, the clauses below will be incorporated into the Florida Realtors®/Florida Bar Residential Contract
For Sale And Purchase between________________________________________________________________ (SELLER)
and_______________________________________________________________________________________ (BUYER)
concerning the Property described as _____________________________________________________________________
___________________________________________________________________________________________________
Buyer’s Initials ____________ ____________ Seller’s Initials ____________ ____________
A. CONDOMINIUM RIDER
1. CONDOMINIUM ASSOCIATION APPROVAL:
The Association’s approval of Buyer (CHECK ONE) is is not required. If approval is required, this Contract is
contingent upon Buyer being approved by the Association no later than __________ days (if left blank, then 5) days
prior to Closing. Within __________ (if left blank, then 5) days after Effective Date Seller shall initiate the
approval process with the Association and Buyer shall apply for such approval. Buyer and Seller shall sign and deliver
any documents required by the Association in order to complete the transfer of the Property and each shall use
diligent effort to obtain such approval, including making personal appearances if required. It Buyer is not approved
within the stated time period, this Contract shall terminate and Buyer shall be refunded the Deposit, thereby
releasing Buyer and Seller from all further obligations under this Contract.
2. RIGHT OF FIRST REFUSAL:
(a) The Association (CHECK ONE): has does not have a right of first refusal (“Right”). It the Association has
a Right, this Contract is contingent upon the Association, within the time permitted for the exercise of such Right,
either providing written confirmation to Buyer that the Association is not exercising that Right, or failing to timely
exercise such Right pursuant to the terms of the Declaration of Condominium ("Declaration”, which reference
includes all amendments thereto).
(b) The members of the Association (CHECK ONE): have do not have a Right. If the members do have a
Right, this Contract is contingent upon the members, within the time permitted for the exercise of such Right,
either providing written confirmation to Buyer that the members are not exercising that Right, or failing to timely
exercise such Right pursuant to the terms of the Declaration.
(c) Buyer and Seller shall, within __________ (if left blank, then 5) days after Effective Date, sign and deliver
any documents required as a condition precedent to the exercise of the Right, and shall use diligent effort to
submit and process the matter with the Association and members, including personal appearances, if required.
(d) If, within the stated time period, the Association, the members of the Association, or both, fail to provide the
written confirmation or the Right has not otherwise expired, then this Contract shall terminate and the Deposit
shall be refunded to the Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract.
(e) If the Association or a member timely exercises its or their Right, this Contract shall terminate and the Deposit
shall be refunded to Buyer (unless this Contract provides otherwise), thereby releasing Buyer and Seller from all
further obligations under this Contract, and Seller shall pay to Broker the full commission at Closing in recognition
that Broker procured the sale.
3. FEES; ASSESSMENTS; PRORATIONS; LITIGATION:
(a) Condominium Association assessment(s) and Rents: Seller represents that the current Association
assessment(s) installments is/are
$ _________________ payable (CHECK ONE): monthly quarterly semi-annually annually
and if more than one Association assessment
$ _________________ payable (CHECK ONE): monthly quarterly semi-annually annually
and the current rent on recreation areas, if any is
$ _________________ payable (CHECK ONE): monthly quarterly semi-annually annually
Page 1 of 3 A. CONDOMINIUM RIDER (SEE CONTINUATION)
CR-2 Rev. 8/13 © 2013 Florida Realtors® and The Florida Bar. All rights reserved.
A. CONDOMINIUM RIDER (CONTINUED)
All annual assessments levied by the Association and rent on recreational areas, if any, shall be made current by
Seller at Closing, and Buyer shall reimburse Seller for prepayments.
(b) Fees: Seller shall, at Closing, pay all fines imposed against the Unit by the Condominium Association as of
Closing Date and any fees the Association charges to provide information about the Property, assessment(s) and
Fees.
If Property is part of a HOMEOWNERS’ ASSOCIATION, SEE RIDER B. HOMEOWNERS’
ASSOCIATION/COMMUNITY DISCLOSURE for further information including additional assessments and
fees.
(c) Special Assessments and PRORATIONS:
(i) Seller represents that Setter is not aware of any special or other assessment that has been levied by the
Association or that has been an item on the agenda, or reported in the minutes, of the Association within
Twelve (12) months prior to Effective Date, (“pending") except as follows: ______________________________
_________________________________________________________________________________________
(ii) lf special assessments levied or pending exist as of the Effective Date are disclosed above by Seller and may
be paid in installments (CHECK ONE): Buyer Seller (if left blank, then Buyer) shall pay installments
due after Closing Date. lf Seller is checked, Seller shall pay the assessment in full prior to or at the time
of Closing.
(iii) lf special assessments levied or pending exist as of the Effective Date and have not been disclosed above by
Seller, then Seller shall pay such assessments in full at the time of Closing.
(iv) lf, after Effective Date, the Association imposes a special assessment for improvements, work or services,
which was not pending as of the Effective Date, then Seller shall pay all amounts due before Closing Date
and Buyer shall pay all amounts due after Closing Date.
(v) A special assessment shall be deemed levied for purposes of this paragraph on the date when the
assessment has been approved as required for enforcement pursuant to Florida law and the condominium
documents listed in Paragraph 5.
(vi) Association assets and liabilities, including Association reserve accounts, shall not be prorated.
(d) Litigation: Seller represents that Seller is not aware of pending or anticipated litigation affecting the Property or the
common elements, if any, except as follows: ________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
4. SPRINKLER SYSTEM RETROFIT:
lf, pursuant to Sections 718.112(2)(l), F.S., the Association has voted to forego retrofitting its tire sprinkler system or
handrails and guardrails for the condominium units, then prior to Closing Seller shall furnish to Buyer the written notice
of Association’s vote to forego such retrofitting.
5. NON-DEVELOPER DISCLOSURE:
(CHECK ONE):
(a) THE BUYER HEREBY ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF
THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORAT|ON OF THE ASSOCIATION, BYLAWS
AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR~END FINANCIAL
INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3 DAYS,
EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF THIS CONTRACT
(b) THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S
INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS,
AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A
CURRENT COPY OF THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND
RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION
AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY
PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND
Page 2 of 3 A. CONDOMINIUM RIDER (SEE CONTINUATION)
CR-2 Rev. 8/13 © 2013 Florida Realtors® and The Florida Bar. All rights reserved.
A. CONDOMINIUM RIDER (CONTINUED)
LEGAL HOLIDAYS, AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,
BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL
INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED IN
WRTTING. BUYERS RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING.
6. BUYER’S REQUEST FOR DOCUMENTS:
Buyer is entitled, at Seller’s expense, to current copies of the condominium documents specified in Paragraph 5,
above. Buyer (CHECK ONE): requests does not request a current copy of the documents specified in
Paragraph 5, above. If this Contract does not close, Buyer shall immediately return the documents to Seller or
reimburse Seller for the cost of the documents.
7. BUYER’S RECEIPT OF DOCUMENTS:
(COMPLETE AND CHECK ONLY IF CORRECT) Buyer received the documents described in Paragraph 5,
above, on______________________________________________.
8. COMMON ELEMENTS; PARKING:
The Property includes the unit being purchased and an undivided interest in the common elements and
appurtenant limited common elements of the condominium, as specified in the Declaration. Seller’s right and interest
in or to the use of the following parking space(s), garage, and other areas are included in the sale of the Property and
shall be assigned to Buyer at Closing, subject to the Declaration:
Parking Space(s) # __________ Garage # __________ Other: ___________________________________________
9. INSPECTIONS AND REPAIRS:
The rights and obligations arising under Paragraphs 11 and 12 of this Contract to maintain, repair, replace or treat are
limited to Seller’s individual condominium unit and unless Seller is otherwise responsible do not extend to common
elements, limited common elements, or any other part of the condominium property.
10. GOVERNANCE FORM:
PURSUANT TO CHAPTER 718, FLORIDA STATUTES, BUYER IS ENTITLED TO RECEIVE FROM SELLER A
COPY OF THE GOVERNANCE FORM IN THE FORMAT PROVIDED BY THE DIVISION OF FLORIDA
CONDOMINIUMS, TIMESHARES AND MOBILE HOMES OF THE DEPARTMENT OF BUSENESS AND
PROFESSIONAL REGULATION, SUMMARIZING THE GOVERNANCE OF THE CONDOMINIUM ASSOCIATION.
Page 3 of 3 A. CONDOMINIUM RIDER (SEE CONTINUATION)
CR-2 Rev. 8/13 © 2013 Florida Realtors® and The Florida Bar. All rights reserved.
This publication is intended as an informal educational overview of condominium
governance. In the event of a conflict, the provisions of chapter 718, Florida Statutes, rules
adopted by the Division of Florida Condominiums, Timeshares, and Mobile Homes of the
Department of Business and Professional Regulation, the provisions of the condominium
documents, and reasonable rules adopted by the condominium association's board of
administration prevail over the contents of this publication
CONDOMINIUM
GOVERNANCE FORM
DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATIONS
Division of Florida Condominiums, Timeshares,
and Mobile Homes
1940 North Monroe Street
Tallahassee, Florida 32399-1030
Telephone: (850) 488-1122
Facisimile: (850) 488-7149
Toll Free: (800) 226-9101 (in Florida only)
Web Address:
www.MyFlorida.com/dbpr/
General
1. The board of directors has a fiduciary duty to the unit owners and has the resposibility to act with the highest
degree of good faith and to polace the interests of the unit owners above the personal interests of the
directors.
2. The board must abide by the condominium documents, the condominium laws and regulations and the rules
of the association.
3. The board manages the day to day affairs of the association.
4. The board has the authority to levy assessments, and maintain, repair and replace the common elements of
association property.
5. The board of directors may hire a property management firm subject to its own primary responsibility for such
management.
6. Provide a substantive written response to any inquiry submitted to the board by certified mail. The response
must be sent within 30 days, or within 60 days if the board requests a legal opinion, or within 10 days of
receiving the division's advice, if the board requests advice from the division.
7. The association must make its records available for unit owner inspection within five working days after
receiving a written request.
Meetings and Notices
1. Associations must provide at least 48 hours notice of board and committee meetings, posted conspicuously
on the association property.
2. Notice of the annual meeting, the budget meeting, and any meetings at which the board will vote on a
special assessment or changes to the rules concerning unit use must be mailed or delivered to unit owners
and posted on the condominium property at least 14 continuous days in advance of the meeting.
3. Written notification of any special assessment must state the specific purpose of the special assessment.
4. A copy of the proposed annual budget must be mailed or delivered to each unit owner.
5. The association must provide notice of any legal action by which the association may be exposed to liability in
excess of insurance coverage so that unit owners may intervene and defend on their own behalf.
6. Board must allow unit owners or their designated representatives to speak at board and committee meetings
subnject to reasonable restrictions.
7. Associations must provide notification of a hearing before a committee of other unit owners before the board
can levy a fine against a unit owner, if the documents provide that the association may impose a fine against a
unit owner.
Elections
1. The association must provide by mail or personal delivery, a first notice of an election no less than 60 days
prior to the election.
2. The association must provide a second notice of the election, along with a ballot, an inner envelope, an outer
envelope, candidate certification form and copies of any timely submitted candidate information sheets, no less
than 14 days prior to the election.
Association Finances
1. Unless the governing documents provide otherwise, the board of directors has the authority to levy
assessments, including special assessments.
2. The board must prepare an annual budget of the revenues and expenses and send a copy to the unit owners
at least 14 days prior to the budget meeting. The budget must include all estimated revenues and expenses
and reserves for certain deferred maintenance and capital expenditures projects.
3. Within 90 days after the end of the fiscal year, or annually on a date provided in the bylaws, the association
must prepare a financial report for the preceeding fiscal year. No later than 120 days after the end of the fiscal
year or other date as provided in the bylaws, the association must mail to each unit owner at the address last
furnished to the association by the unit owner, or hand deliver to each unit owner, a copy of the financial report
or a notice that a copy of the financial will be mailed or hand delivered to the unit owner, without charge, upon
receipt of a written request from the unit owner. The report must be prepared as follows:
Role of the Board of Directors
a. If the association consists of 50 units or fewer, or has revenues of less than $100,000, it must prepare a
financial report of actual receipts and expenditures.
b. If the association consists of more than 50 units and has revenues of at least $100,000, it must prepare a
compiled, reviewed or audited financdial statements, prepared in accordance with generally accepted
accounting principles.
Role of Unit owners
General
1. Each unit owner who is offering the unit for sale must provide to each person who has entered into a contract
for the purchase of the condominium unit a copy of this governance form, a current copy of the declaration of
condominium, articles of incorporation, bylaws and rules of the association, a copy of the latest annual
financial report, and the document entitled "Frequently Asked Questions and Answers" that may be obtained
from the association.
2. Unit owners must abide by the condominium documents, the condominium laws and regulations and rules of
the association.
3. Unit owners must pay their share of the common expenses. Failure to do so may result in liens or possible
foreclosure by the association.
4. Unit owners may use the common elements in a manner that will not hinder or infringe on the rights of the
other unit owners.
5. Unit owners must provide proof of the hazard and liability policy for their unit upon request by the association.
A unit owner's failure to provide proof of insurance may result in the association purchasing a policy, and the
cost of the policy, or the cost of any reconstruction undertaked by the association in the absence of such a
policy, may become a lien on the unit.
6. Unit owners must provide the association access to their units during reasonable hours for the following
purposes:
a. To maintain, repair or replace any common elements;
b. To prevent damage to the common elements or other units;
c. To maintain the unit as required by the declaration of condominium; or
d. To prevent damage to the common elements or to a unit or units.
7. Unit owners may not make any alterations to their units that would adversely affect the safety or soundness of
the common elements or any portion of the association or condominium property the association maintains.
Unit Owners Rights
1. Unit owners may attend and participate in board and committee meetings except for the meetings between
the board or a committee and the association's attorney with respect to proposed or pending litigation when
the meeting is held for the purpose of seeking or rendering legal advice.
2. Petition the association board to address an item of business at the next regular or special meeting of the
board, if 20% of the voting interests petition the board.
3. Unit owners may record board, committee or unit owner meetings subject to reasonable restrictions.
4. Exclusive ownership and possession of their condominium unit.
5. Membership in the association and full voting rights as provided in the declaration of condominium.
6. Use the common elements and association property without paying a use fee unless provided for in the
declaration of condominium, approved by a majority vote of the association, or unless the charges relate to
expenses incurred by an owner having exclusive use of the common element or association property.
7. Use the condominium's common elements, common areas and recreation facilities together with their invited
guests, in accordance with the condominium documents and properly adopted rules anregulations of the
association.
8. Inspect the association's official records subject to the reasonable rules adopted by the association. Unit
owners may make or obtain copies at the reasonable expense, if any, of the unit owner.
9. Attend and participate in unit owner meetings.
10.Vote on issues presented for a unit owner vote and elections.
11. Bring any concerns or problems to the board of driector's attention.
12. Apply to the circuit court of the county in which the condominium is located for a receiver if the association
fails to fill vacancies on the board sufficient to constitute a quarum.
13. Participate in the voluntary mediation or mandatory, non-binding arbitration process to resolve certain
disputes.
14. Vote to cancel any grant or reservation made by a declaration, lease, or other document, and any contract
made by an association prior to turnover of control to the unit owners other than the developer.
15. Bring action for damages or injunctive reolief or both against the association, another unit owner, a tenant or
invitee.
Elections, Voting
1. Unit owners may submit a notice of their intent to be a candidate for election to the board no less than 40
days prior to the election.
2. Submit candidate information sheet no less than 35 days prior to the election.
3. Vote for the board by written, secret ballot or voting machine if there are more candidates than vacancies.
Associations with 10 or fewer units may opt out of the statutory election procedures and hold elections as
provided by their bylaws.
4. Unit owners may vote in person or by limited proxy for all matters (other than election of directors) in which
the law provides that a vote of the unit owners must be taken. Examples of these issues include, but are not
limited to: amending the governing documents, waiving reserves and altering the common elements.
5. Units owners may vote at a meeting or by written agreement with a majority of all unit owners to recall any
board member.
Association Budget
1. Unit owners may vote for an alternate budget if the developer controls the board and the adopted budget
provides for assessments in excess of 115 percent of assessments for the prior fiscal year.
2. Petition the board for a special meeting of the owners to consider an alternate budget if a unit owner
controlled board adopts a budget providing for assessments in excess of 115 percent of the previous year's
assessments. Upon written application by 10 percent of the voting interests received within 21 days following
the adoption of the budget the board shall call the special meeting of the association.
You should refer to the specific statutory section or rule for each cited provision. You may visit
www.MyFlorida.com/dbpr/ or contact the Division at the address on this brochure to obtain a copy of the statute
or the administrative rules.
Revised 11/08