HOA Master Docs & Builder Promises New Construction | BuildTB | BuildTB

Quick Answer — As of June 2026

Verbal promises from the builder's sales office are not enforceable under Florida law. Every concession, upgrade, timeline commitment, or amenity promise must be documented in your purchase contract or an addendum. Review the HOA CC&Rs and CDD documents before closing — you have 3 days after receiving HOA documents to cancel without penalty under Florida Statute 720.401.

Why Don't Verbal Promises from the Builder Count?

The builder's on-site sales representatives are trained to sell homes. They are personable, knowledgeable, and motivated to get you to sign. In the course of your visits, they may make statements about future amenities, community plans, lot availability, construction timelines, and concessions.

None of it matters unless it is in writing.

Under Florida's Statute of Frauds (Florida Statute 725.01), contracts for the sale of real property must be in writing to be enforceable. Verbal representations about what a builder will do, build, include, or modify are not legally binding. The sales representative may be completely sincere, but if they leave the company, if the builder changes plans, or if a dispute arises, you have no recourse without written documentation.

Common verbal promises that go sideways: "We will definitely build the pool by next summer." "That lot behind you will stay a green space." "We will match the competitor's incentive." "Your HOA fees will not go up." All of these require written documentation to be enforceable.

How Do I Get Builder Concessions Documented in Writing?

This is where having your own buyer's agent is essential. Your agent knows how to formalize commitments in ways the builder's legal team will accept.

Contract addenda. Any negotiated item that differs from the standard contract terms should be documented as an addendum to the purchase agreement. This includes upgrades, credits, closing cost contributions, rate buydowns, lot holds, and construction timeline commitments. Both parties sign the addendum.
Builder's change order. If the builder agrees to modify the home in any way (additional outlet, structural change, upgraded appliance), a written change order specifying the work, cost (or credit), and timeline is required.
Email confirmation.Even informal commitments should be confirmed in writing via email. After a conversation with the sales representative, send a follow-up email: "Per our conversation today, you confirmed [specific commitment]. Please reply to confirm this is accurate." This creates a paper trail.
Community development plans. If the builder makes representations about future amenities, community features, or development timelines, ask for the written community development plan or prospectus. In Florida, developers of communities with CDD funding are required to provide certain disclosures about planned improvements.

What HOA Documents Should I Review Before Closing?

Under Florida Statute 720.401, the developer must provide buyers with a disclosure summary that includes the HOA governing documents. You have 3 business days after receiving these documents to cancel the contract without penalty. Use this time wisely.

Declaration of Covenants, Conditions & Restrictions (CC&Rs)

Architectural standards (exterior paint colors, fencing, landscaping)
Vehicle restrictions (commercial vehicles, boats, RVs)
Rental restrictions (minimum lease terms, rental caps)
Pet policies (breed restrictions, size limits, number limits)
Modification approval process (what you need permission for)
Assessment authority (how HOA dues can be increased)

Budget and Financial Statements

Current annual HOA assessment per lot
Reserve fund balance and funding plan
Any planned assessment increases
Any pending or anticipated special assessments
Management company and fees

Rules and Regulations

Amenity usage rules and hours
Guest policies
Noise restrictions
Common area maintenance responsibilities
Violation and enforcement procedures
Fine schedule for violations

Pay special attention to rental restrictions if you think you might ever rent the home. Some HOAs limit the number of homes that can be rented at any time, prohibit short-term rentals (Airbnb), or require minimum one-year leases. These restrictions can significantly affect your exit strategy.

What CDD Documents Should I Review Before Closing?

In addition to the HOA documents, you should review the CDD disclosure documents that the builder is required to provide. According to Florida Statute 190.048, the seller must provide a CDD disclosure to the buyer prior to closing.

Bond documents:Total bond amount, your lot's share, interest rate, maturity date, and early payoff provisions
Annual budget:Current debt-service and O&M assessments for your specific lot
Engineer's report: What infrastructure the CDD built and maintains
Meeting minutes: Recent CDD board meeting minutes can reveal upcoming expenditures, maintenance issues, or planned bond issuances
Assessment history: How assessments have changed over the past 3 years

If you see planned additional bond issuances for future phases or amenities, your CDD assessment could increase significantly. Understanding this before closing prevents unpleasant surprises.

When Does the HOA Transition from Builder to Homeowner Control?

During the early years of a new community, the builder controls the HOA board. They appoint the board members, set the assessments, and make all decisions about rules, maintenance, and reserve funding. This is called the "developer control period."

According to Florida Statute 720.307, the developer must begin transitioning control to homeowners after specific milestones:

When 90% of the lots have been conveyed to buyers, or
Seven years after the HOA is incorporated, whichever comes first

During the transition, the developer must provide the homeowner board with all HOA records, financial statements, insurance policies, contracts, and a detailed accounting of reserve funds. This is a critical moment for the community because underfunded reserves during the developer period can lead to special assessments once homeowners take control.

If you are buying in an early phase of a community, you are buying under builder-controlled HOA governance. Understand that assessments may change significantly after homeowner turnover, especially if the builder kept dues artificially low during the sales period.

What Are Red Flags in HOA and CDD Documents?

No reserve fund or minimal reserves. A community with zero reserves will need special assessments when major maintenance is required (pool resurfacing, road repaving, clubhouse repairs).
Unlimited assessment authority.If the CC&Rs allow the board to increase assessments without a homeowner vote, dues could rise dramatically after builder turnover.
Restrictive rental policies. If you might need to rent the home, restrictions on rental frequency, duration, or caps on the number of rental units can eliminate your backup plan.
Builder exemptions.Some CC&Rs exempt the builder/developer from the same rules that apply to homeowners. This is common but worth understanding.
Pending additional CDD bond issuances. If the CDD plans to issue more bonds for future phases or amenities, your assessment could increase.
Ambiguous amenity commitments.If the CC&Rs describe amenities as "may include" rather than "will include," the builder has no obligation to build them.

The Bottom Line on HOA Docs and Builder Promises

Every promise needs to be on paper. Every document needs to be read. The builder's sales office is a friendly environment, but the transaction is a legal and financial commitment that will affect you for years or decades.

Review the HOA and CDD documents within the 3-day review period. Get every negotiated item into a signed addendum. Document every conversation with a follow-up email. And work with an agent who knows how to hold builders accountable.

Barrett Henry is a Broker Associate at REMAX Collective who ensures every commitment is documented before his clients close. Call (813) 692-9099 for representation that protects you at every step.

Frequently Asked Questions About HOA Docs and Builder Promises

Are verbal promises from the builder's sales office enforceable?

No. Verbal promises from the builder's on-site sales representative are not legally enforceable in Florida real estate transactions. Under Florida's Statute of Frauds (Florida Statute 725.01), contracts for the sale of real property must be in writing to be enforceable. If the sales agent promises you an upgrade, a lot hold, a price concession, or an amenity timeline, it must be documented in the purchase contract or an addendum to be binding.

What are the HOA master docs I should review before closing?

The HOA master documents include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), the Articles of Incorporation, the Bylaws, the Rules and Regulations, and the most recent budget and financial statements. In Florida, you have the right to review these documents before closing. Under Florida Statute 720.401, the developer must provide a disclosure summary of the HOA documents to the buyer. You have 3 days after receiving them to cancel the contract without penalty.

What should I look for in the CDD documents before closing?

Review the CDD bond issuance documents to understand your lot's total bond allocation, the interest rate, and the maturity date. Check the most recent CDD budget for the operations and maintenance assessment amount. Look for any pending bond issuances that could increase future assessments. Review the CDD engineer's report to understand what infrastructure the CDD maintains. Your agent or attorney should help you interpret these documents.

Can I negotiate changes to the HOA rules before closing?

You cannot change the existing HOA rules as an individual buyer. The CC&Rs and rules are established by the developer and eventually turned over to the homeowner-controlled board. However, you can negotiate specific items with the builder that override or supplement the standard terms for YOUR lot. These must be documented as addenda to your purchase contract, not as changes to the HOA documents.

When does the HOA transition from builder control to homeowner control?

Under Florida Statute 720.307, the developer must turn over control of the HOA to the homeowners after 90% of lots are conveyed to buyers, or 7 years after the HOA is incorporated, whichever comes first. During builder control, the developer-appointed board makes all HOA decisions. After turnover, homeowners elect the board. This transition is an important milestone because homeowners then control assessments, rules, and reserve funding.

Getting Negotiated Items Into the HOA Master Docs