IMPORTANT DISCLOSURE on Homeowner Associations in Florida
One of the most critical parts of buying a home in Florida is understanding the Homeowners’ Association (HOA) rules. While you received a "Disclosure Summary" at the time of your contract, that document is only a high-level overview. The actual "law of the land" for your new community is contained in the recorded Bylaws and Covenants (CC&Rs).
In Florida, HOA rules can be hundreds of pages long and cover everything from pet restrictions and paint colors to strict limitations on renting your property. Because these rules are recorded in the County’s Public Records, the law considers every buyer to have "Constructive Notice" of them—meaning the law assumes you have read and accepted them the moment you close.
To protect all parties involved, the attached Notice of Constructive Receipt and Liability Release confirms that:
You understand that the full, legally binding rules are found in the county public records.
You have had the opportunity to review these records to ensure the property meets your specific needs (especially if you plan to lease the home).
You are not relying on verbal summaries from the Seller, Title Company, or Agents, as these rules can change or be interpreted differently by the HOA Board.
How to find these records: You can view these documents for free online at the specify county's Clerk of Court or Comptroller's website under the "Official Records" search. We highly recommend searching for the most recent "Bylaws" and any "Amendments" recorded under the subdivision name.
If you have any questions about a specific rule found in the records, we strongly advise consulting with a qualified Florida real estate attorney before proceeding to closing.
How to Search County Records
To make this as easy as possible, the most reliable way to find Florida HOA bylaws and restrictions is through the Florida Court Clerks & Comptrollers (FCCC) portal, which serves as a hub for all 67 counties.
Below are the key links and a list of the specific "Official Records" portals for the most active real estate counties in Florida.
The Master Directory
FCCC Find A Clerk Map: This is the best starting point. Click on any county on the map to be taken directly to that Clerk's official website.
FCCC Official Records Search (Comprehensive): A direct directory of public records portals for every Florida county.
Direct Links for Major Florida Counties
If the property is in one of these high-volume areas, you can use these direct links for the "Official Records" (where the Bylaws/CC&Rs are filed):
CountyLink to Official Records Search:
Miami-Dade Miami-Dade County Recorder Search
Broward Broward County Official Records
Palm Beach Palm Beach Clerk Official Records
Hillsborough Hillsborough County Official Records
Orange Orange County Comptroller Records
Pinellas Pinellas County Official Records
Duval Duval County Clerk of Courts
Polk Polk County Official Records
Lee Lee County Official Records Search
Brevard Brevard County Official Records
Tips for Searching the Records
When your buyer goes to these sites, they should search by:
Subdivision Name: The name of the HOA community.
Document Type: Filter for "Covenants," "Restrictions," "Bylaws," or "Amendments."
Grantor: Often the name of the Developer if it is a newer community.
Important Note on "Unrecorded" Rules
While the major bylaws and rental restrictions must be recorded to be enforceable against new owners, some HOAs have "Rules and Regulations" (like pool hours or trash can placement) that might not be in the county records. The Buyer should also ask the HOA directly for their "Current Rules and Regulations" to be 100% sure.
