In short: Yes, before closing. In Tempel v. Southern Homes of Palm Beach, the Third District held on May 23, 2012 that a disclosure summary that left out the current assessment amount and the period it covers did not comply with section 720.401, so the new-home contract was voidable by the buyers. It did not matter that the dollar figure appeared elsewhere in the contract.
The Facts
In May 2005, Harvey and Lisa A. Tempel signed a contract with Southern Homes of Palm Beach, L.L.C. to build a new home in a community with a homeowners’ association. The contract included a Community Addendum and an Association Disclosure Summary.
The disclosure summary said the buyers would be obligated to pay assessments to the association and that assessments were subject to change, but it did not state the amount. The amount, estimated at $385 per month, appeared in a separate paragraph of the Community Addendum. The contract still referred to section 689.26, the statute that section 720.401 replaced.
In December 2007 the buyers terminated the agreement and sued to void it. The trial court found the seller substantially complied with section 720.401 and entered summary judgment for the seller. The buyers appealed (No. 3D11-2521), and the case was argued on April 24, 2012.
- The buyers argued the statute’s form requires the summary itself to state the current assessment amount and the period it covers, along with other items the 2004 amendments added, and that the trial court erred by searching the rest of the contract for the missing information.
- The seller argued its documents were substantially similar to the statutory form, that the buyers had the assessment figure in writing, and that the summary told buyers to read the governing documents.
The Decision
The Third District reversed in a per curiam opinion filed May 23, 2012. It held that section 720.401 clearly requires the disclosure summary to include, if applicable, the current amount and the time period it covers. It was undisputed the summary did not contain them.
The court rejected the substantial-compliance argument. The only reasonable conclusion, it said, is that the omission makes the summary itself a violation, and the statute does not contemplate resort to other contract documents. It also rejected the seller’s argument that there were no rent or land use fees to disclose, because the statute does not excuse stating the current assessment amount and period. The seller’s failure rendered the agreement voidable by the buyers.
The Law
Under section 720.401, a prospective buyer in a community subject to a mandatory homeowners’ association must be given a disclosure summary before signing the contract, in a form substantially similar to the statutory form. The form includes a line for the current assessment amount and period, and similar lines for special assessments and rent or land use fees for recreational facilities.
If the summary is not provided before the buyer signs, the buyer may void the contract by written notice within 3 days after receiving the summary or before closing, whichever comes first. The right cannot be waived, and it ends at closing.
Current law (2026): The statutory form has not changed since 2008 according to the history note in the 2025 Florida Statutes, and it still calls for the current assessment amount and period. Section 720.401 does not apply to condominiums and other associations governed by chapters 718, 719, 721 or 723, which have their own disclosure rules.
Lessons
- Sellers and developers should fill in every applicable blank on the section 720.401 form in the summary itself, not in an addendum.
- Update contract forms when the statute changes. This seller was still citing the pre-2004 statute years later.
- Buyers who received a defective summary should act before closing. The statutory right to void ends at closing.
- Courts read the statutory disclosure form strictly. ‘Substantially similar’ did not cover leaving out a required number.
Source: Tempel v. Southern Homes of Palm Beach, L.L.C., 90 So. 3d 848 (Fla. 3d DCA May 23, 2012), No. 3D11-2521 (reversed); ACIS docket, No. 3D2011-2521.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
🔍 The Disclosure Summary Left Out the Assessment Amount — Does That Void the Contract?
Go Deeper
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- Five-Year Deadline to Challenge HOA Covenant Amendments in Florida (Hilton v. Pearson)
- A $10 Million Land Deal That Never Closed: Buyer Loses on Appeal (Pine Grove v. Robert Diesel)
Frequently Asked Questions
Can I cancel a home purchase contract if I didn't get the HOA disclosure summary?
Yes. Under section 720.401, if the summary was not provided before you signed, you may void the contract by written notice within 3 days after receiving it or before closing, whichever comes first. The right cannot be waived and ends at closing.
What if the HOA disclosure summary is missing the assessment amount?
In Tempel v. Southern Homes of Palm Beach, the Third District held a summary that omitted the current assessment amount and period did not comply with section 720.401, making the contract voidable by the buyers. Having the number elsewhere in the contract was not enough.
Does a 'substantially similar' HOA disclosure summary have to include every item?
The wording can vary, but Tempel holds the required information has to be in the summary. The court refused to look at other contract documents to fill a missing item.
Does the HOA disclosure summary apply to condo purchases?
No. Section 720.401(2) says it does not apply to associations regulated under chapters 718, 719, 721 or 723. Condominium buyers have separate disclosure rights under the Condominium Act.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
