Buying a Home in a Florida Golf Community: The Disclosure Summary and Other Documents

A home on a golf course is a lifestyle purchase as much as a property purchase. The view across the fairway, the walk to the clubhouse and the quiet of a green belt are what draw people in. But in Florida, most golf communities are also communities with rules, and many come with a homeowners’ association that you must join, pay and follow. Florida law gives buyers a specific document to start from, and a specific right if they do not receive it.

The disclosure summary

Section 720.401 of the Florida Statutes says a prospective buyer in a community with a mandatory homeowners’ association must be presented with a disclosure summary before signing the contract for sale. The statute sets out the wording of the summary. In plain terms, it tells you that:

• you will be obliged to be a member of the homeowners’ association;
• restrictive covenants governing the use and occupancy of properties have been or will be recorded;
• you will have to pay assessments to the association, which may change, as well as any special assessments;
• you may also have to pay special assessments to the city, county or a special district;
• failing to pay association assessments could result in a lien on your property;
• there may be an obligation to pay rent or land use fees for recreational or other commonly used facilities;
• the developer may have the right to amend the covenants without the owners’ approval; and
• the summary is only a summary, and you should read the covenants and governing documents before buying.

Several of those points matter more in a golf community than elsewhere. The line about recreational facilities, for example, is where you would expect to see fees connected with shared amenities. Ask directly whether any fees are tied to the golf course, clubhouse or other facilities, and whether they are part of the association dues or separate.

Your right to cancel

The statute requires every sale contract covered by it to include a clause, in conspicuous type, explaining that if the disclosure summary was not provided before you signed, the contract is voidable by the buyer. You can cancel by giving written notice to the seller or the seller’s agent within 3 days after receiving the disclosure summary or before closing, whichever comes first. The statute says any waiver of this right has no effect, and the right ends at closing.

Section 720.401 does not apply to condominiums, cooperatives, timeshares or mobile home parks, which have their own disclosure rules under other chapters of Florida law. Some golf communities include condominium buildings as well as single-family homes, so check which kind of property you are buying.

Documents to read before you commit

Document	What to look for
Declaration of covenants	Use restrictions, rental rules, architectural controls, fences, pools, landscaping
Bylaws and rules	How the board works, how fines are set, rules for vehicles and golf carts
Budget and reserves	Current dues, what they cover and whether reserves look adequate
Recent board minutes	Planned projects, disputes and possible special assessments
Any amenity or club agreement	Whether golf or clubhouse membership is required, optional or separate

Once you own a home in the community, Florida law gives you the right to inspect and copy the association’s official records. Our guide to HOA Fines and Records in Florida Golf Communities: How Chapter 720 Protects Owners explains how that works and how fines must be handled.

Questions specific to golf-course homes

• Who owns the course? The association, a separate club, a private company or a city? Ownership affects what happens if the course changes.
• Is membership required? Some communities tie golf or social membership to the home; others keep it separate.
• What about stray balls? Homes along a fairway can be in the line of errant shots. Look at the position of the lot relative to tees and landing areas, and ask your insurer how damage is handled.
• Can you fence or screen your yard? Covenants often control fences, hedges and screens along the course to protect views.
• How do carts get around? Check where carts are allowed on community streets; see Golf Carts and Low-Speed Vehicles in Florida Communities: Which One Do You Need?.
• What lives in the ponds? Water views come with wildlife. See Alligators and Wildlife on Orlando Golf Courses: Staying Safe by the Water.

Make it your homestead

If the home will be your permanent residence, Florida’s homestead exemption can lower your property tax bill, but you must apply for it with the county property appraiser, and the deadline is March 1. Our guide to Florida Homestead Exemption for New Orlando Residents: Deadlines, the 3% Cap and Portability explains who qualifies and how the assessment cap and portability work.

Get local help

Golf communities around Orlando differ widely in their rules, fees and how they are run. A real estate agent who knows the community, a lawyer who can review the documents and a home inspector who looks at the lot as well as the house are all worth involving before you sign. This guide is general information about Florida law and not legal advice.