Since 2022, Florida has changed several rules that affect a residential sale. Sellers now complete a flood disclosure, condominium buildings face mandatory structural inspections and reserve studies, and condo buyers receive more documents before they are bound by a contract. This guide summarizes what is in force as of September 2026 and links to the statute text so you can read the exact wording yourself.

This is general information, not legal advice. Florida statutes are amended often; for a specific contract, talk to a Florida real estate attorney.

The flood disclosure form

Under section 689.302 of the Florida Statutes, created in 2024 and amended in 2025, a seller of residential real property must complete a flood disclosure and give it to the buyer at or before the time the sales contract is signed.

The form asks the seller to state:

  • whether they know of flood damage to the property during their ownership;
  • whether they have filed a claim with an insurance provider for flood damage;
  • whether they have received assistance for flood damage, including from the Federal Emergency Management Agency (FEMA).

For the form, "flooding" includes overflow of inland or tidal waters, rapid runoff from established water sources and sustained standing water from rainfall.

What the form does not tell you

The disclosure covers what this seller knows about their own ownership. It does not tell you the property's flood zone, its elevation, what happened under previous owners or what flood insurance will cost. For that:

  • Look up the exact address on FEMA's Flood Map Service Center.
  • Get a flood insurance quote before you commit. A new National Flood Insurance Program policy generally takes 30 days to take effect, unless it is bought in connection with making, increasing, extending or renewing a mortgage (FloodSmart).

Condo safety laws after Surfside

After the Champlain Towers South collapse in Surfside in June 2021, Florida created two separate obligations for condominium and cooperative buildings: milestone inspections and structural integrity reserve studies (SIRS). They are related, but they are not the same thing.

Milestone inspections

Under section 553.899, buildings of three or more habitable stories that are wholly or partly under condominium or cooperative ownership need a milestone inspection by December 31 of the year the building turns 30, and every 10 years after that. The local enforcement agency can require the first inspection at 25 years when environmental conditions, such as proximity to salt water, call for it.

The inspection has two phases. Phase one is a visual examination. Phase two, which can include testing, is required only if phase one finds substantial structural deterioration.

Miami-Dade and Broward run their own programs too

The state requirement sits alongside county programs:

  • Miami-Dade County requires building recertification. On the county's current schedule for unincorporated Miami-Dade, buildings built in 1993 or later are recertified at 30 years and every 10 years after; condominium and cooperative buildings of three or more stories within three miles of the coastline built in 1998 or later are recertified at 25 years. Single-family homes, duplexes and small buildings are excluded, and municipalities have authority over their own jurisdictions (Miami-Dade County).
  • Broward County has a Building Safety Inspection Program under the county's administrative provisions of the Florida Building Code, administered by city or county building departments (Broward Board of Rules and Appeals).

Structural integrity reserve studies

Section 718.112(2)(g) requires a residential condominium association to have a SIRS at least every 10 years for each building three habitable stories or higher. The study covers the roof, structure, fireproofing and fire protection systems, plumbing, electrical systems, waterproofing and exterior painting, windows and exterior doors, and other items above an inflation-adjusted $25,000 that affect structural integrity.

Three details matter for anyone buying or owning in these buildings:

  • Associations that existed on or before July 1, 2022 and are controlled by unit owners had until December 31, 2025 to complete their first study.
  • Since December 31, 2024, those associations cannot vote to skip or reduce the reserves required for SIRS items, with limited exceptions.
  • An association that completed a milestone inspection in the previous two years may pause reserve contributions for up to two consecutive annual budgets to pay for the repairs the inspection recommended. That option runs through December 31, 2028.

The Florida Department of Business and Professional Regulation (DBPR) publishes a SIRS reporting database. It shows information exactly as associations submitted it, so treat it as a starting point, not as verification.

Why this reaches your budget and your loan

Reserves that were underfunded for years have to come from somewhere: higher monthly fees, special assessments or both. The law does not tell you what a given building will charge. The budget, the SIRS and the board minutes do.

Financing can be affected too. Fannie Mae's Selling Guide treats condo projects with unaddressed critical repairs as ineligible until the repairs are completed and documented (Fannie Mae). In a building with open structural work, that can limit conventional financing for buyers.

What condo resale buyers receive now

Section 718.503(2) lists what an owner selling a condominium unit must provide. Beyond the declaration, bylaws, rules, budget and financial statement, the list includes the inspector-prepared summary of any milestone inspection, the SIRS or a statement that it has not been completed, the turnover inspection report where applicable, the association's frequently asked questions document and a governance form.

The buyer can cancel in writing within 7 days, excluding Saturdays, Sundays and legal holidays, after signing the contract and receiving those documents, unless the documents were delivered more than 7 such days before signing.

Associations managing 25 or more units must also post key official records on a website or app, including the budget, the financial report, milestone inspection reports and the most recent SIRS (section 718.111(12)(g)).

Our checklists on questions to ask before buying a condo and association documents to request turn this into a working list.

Homeowners' associations outside condominiums

In a community run by a homeowners' association under Chapter 720, rather than a condominium association, section 720.401 requires a disclosure summary before the contract is signed. It covers mandatory membership, restrictive covenants, regular and special assessments, and the possibility of a lien for unpaid assessments. If the buyer did not receive it beforehand, the buyer may cancel by written notice within 3 days after receiving the summary or before closing, whichever comes first.

Insurance rules that change the math

Insurance is often the line that moves a Florida budget the most. Three things are worth knowing before you make an offer:

  • Hurricane deductibles. Florida law sets the hurricane deductible options insurers must offer on personal residential policies, including 2%, 5% and 10% of the dwelling limit, and the hurricane deductible applies on an annual basis to all covered hurricane losses in a calendar year (section 627.701). On a $400,000 dwelling limit, a 2% deductible is $8,000.
  • Citizens and flood coverage. Citizens Property Insurance is phasing in a flood insurance requirement for personal residential policies that include wind coverage: policies with dwelling coverage of $400,000 or more as of January 1, 2026, and all such policies as of January 1, 2027. Condominium unit-owner policies are excluded (Citizens).
  • Mitigation help. The state's My Safe Florida Home program offers wind mitigation inspections and, when funding is available, matching grants for improvements to eligible owner-occupied homes with a homestead exemption.

Our Florida property insurance checklist covers what to ask before you write the offer.

Disclosures that appear in almost every Florida sale

  • Radon. Florida requires a radon gas notice on at least one document signed at or before the contract for the sale or lease of a building (section 404.056(5)).
  • Lead-based paint. For most housing built before 1978, federal rules require sellers to disclose known lead-based paint and hazards, provide available reports and an EPA pamphlet, and give the buyer a 10-day opportunity to test unless both sides agree otherwise in writing (EPA).
  • Known hidden defects. Since the Florida Supreme Court's 1985 decision in Johnson v. Davis, a seller who knows of facts that materially affect the value of the property, which are not readily observable and not known to the buyer, has a duty to disclose them (The Florida Bar Journal).

What this means for you

If you are buying

  • Ask for the flood disclosure early, and still check the flood zone and get a flood quote yourself.
  • In a condo, read the SIRS, the milestone inspection summary, the budget and recent board minutes before your cancellation window closes. Count the 7 days from the day you receive the documents.
  • Get insurance quotes, including the hurricane deductible in dollars, before you commit to a price.
  • If the building has open structural repairs, ask your lender early whether that affects your loan.

If you are selling

  • Complete the flood disclosure accurately and deliver it before the contract is signed.
  • Gather the association documents, the SIRS and the milestone inspection summary before you list, so the buyer's review does not stall.
  • Disclose known hidden defects. Beyond the legal duty, a problem discovered at inspection puts the whole negotiation back on the table.

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