Page 1 of 3 A. CONDOMINIUM RIDER (SEE CONTINUATION)
CR-4 Rev. 9/15 © 2015 Florida Realtors® and The Florida Bar. All rights reserved.
Comprehensive Rider to the
Residential Contract For Sale And Purchase
THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR
If initialed by all parties, the clauses below will be incorporated into the Florida Realtors®/Florida Bar Residential Contract
For
Sale And Purchase between (SELLER)
and (BUYER)
concerning the Property described as
Buyer’s Initials ___________ ___________ Seller’s Initials ___________ __________
A. CONDOMINIUM RIDER
1. CONDOMINIUM ASSOCIATION APPROVAL:
The Association’s approval of Buyer (CHECK ONE):
is is not required. If approval is required, this Contract is
contingent upon Buyer being approved by the Association no later than _______________ (if left blank, then 5) days
prior to Closing. Within _______________ (if left blank, then 5) days after Effective Date Seller shall initiate the
approval process with the Association and Buyer shall apply for such approval. Buyer and Seller shall sign and deliver
any documents required by the Association in order to complete the transfer of the Property and each shall use
diligent effort to obtain such approval, including making personal appearances if required. If Buyer is not approved
within the stated time period, this Contract shall terminate and Buyer shall be refunded the Deposit, thereby releasing
Buyer and Seller from all further obligations under this Contract.
2. RIGHT OF FIRST REFUSAL:
(a) The Association (CHECK ONE):
has does not have a right of first refusal (“Right”). If the Association has
a Right, this Contract is contingent upon the Association, within the time permitted for the exercise of such Right,
either providing written confirmation to Buyer that the Association is not exercising that Right, or failing to timely
exercise such Right pursuant to the terms of the Declaration of Condominium (“Declaration”, which reference
includes all amendments thereto).
(b) The members of the Association (CHECK ONE):
have do not have a Right. If the members do have a
Right, this Contract is contingent upon the members, within the time permitted for the exercise of such Right,
either providing written confirmation to Buyer that the members are not exercising that Right, or failing to timely
exercise such Right pursuant to the terms of the Declaration.
(c) Buyer and Seller shall, within _______________ (if left blank, then 5) days after Effective Date, sign and deliver
any documents required as a condition precedent to the exercise of the Right, and shall use diligent effort to
submit and process the matter with the Association and members, including personal appearances, if required.
(d) If, within the stated time period, the Association, the members of the Association, or both, fail to provide the
written confirmation or the Right has not otherwise expired, then this Contract shall terminate and the Deposit
shall be refunded to the Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract.
(e) If the Association or a member timely exercises its or their Right, this Contract shall terminate and the Deposit
shall be refunded to Buyer (unless this Contract provides otherwise), thereby releasing Buyer and Seller from all
further obligations under this Contract, and Seller shall pay to Broker the full commission at Closing in recognition
that Broker procured the sale.
3. FEES; ASSESSMENTS; PRORATIONS; LITIGATION:
(a) Condominium Association assessment(s) and Rents: Seller represents that the current Association
assessment(s) installments is/are
$ _______________ payable (CHECK ONE):
monthly quarterly semi-annually annually
and if more than one Association assessment
$ _______________ payable (CHECK ONE):
monthly quarterly semi-annually annually
and the current rent on recreation areas, if any, is
$ _______________ payable (CHECK ONE):
monthly quarterly semi-annually annually
This software is licensed to [Cynthia Benchick - Charles Rutenberg Realty LLC] www.transactiondesk.com.
A. CONDOMINIUM RIDER (CONTINUED)
Page 2 of 3 A. CONDOMINIUM RIDER (SEE CONTINUATION)
CR-4 Rev. 9/15 © 2015 Florida Realtors® and The Florida Bar. All rights reserved.
All annual assessments levied by the Association and rent on recreational areas, if any, shall be made current by
Seller at Closing, and Buyer shall reimburse Seller for prepayments.
(b) Fees: Seller shall, at Closing, pay all fines imposed against the Unit by the Condominium Association as of
Closing Date and any fees the Association charges to provide information about the Property, assessment(s) and
fees.
If Property is part of a Homeowners’ Association, see Rider B. HOMEOWNERS’
ASSOCIATION/COMMUNITY DISCLOSURE for further information including additional assessments and
fees.
(c) Special Assessments and Prorations:
(i) Seller represents that Seller is not aware of any special or other assessment that has been levied by the
Association
or that has been an item on the agenda, or reported in the minutes, of the Association within
twelve (12) months prior to Effective Date, (“pending”) except as follows:_
(ii) If special assessments levied or pending exist as of the Effective Date are disclosed above by Seller and may
be paid in installments (CHECK ONE):
Buyer Seller (if left blank, then Buyer) shall pay installments
due after Closing Date. If Seller is checked, Seller shall pay the assessment in full prior to or at the time
of Closing.
(iii) If special assessments levied or pending exist as of the Effective Date and have not been disclosed above by
Seller, then Seller shall pay such assessments in full at the time of Closing.
(iv) If, after Effective Date, the Association imposes a special assessment for improvements, work or services,
which was not pending as of the Effective Date, then Seller shall pay all amounts due before Closing Date
and Buyer shall pay all amounts due after Closing Date.
(v) A special assessment shall be deemed levied for purposes of this paragraph on the date when the
assessment has been approved as required for enforcement pursuant to Florida law and the condominium
documents listed in Paragraph 5.
(vi) Association assets and liabilities, including Association reserve accounts, shall not be prorated.
(d) Litigation: Seller represents that Seller is not aware of pending or anticipated litigation affecting the Property or the
common elements, if any, except as follows:
4. SPRINKLER SYSTEM RETROFIT:
If, pursuant to Sections 718.112(2)(l), F.S., the Association has voted to forego retrofitting its fire sprinkler system or
handrails and guardrails for the condominium units, then prior to Closing Seller shall furnish to Buyer the written notice
of Association’s vote to forego such retrofitting.
5. NON-DEVELOPER DISCLOSURE:
(CHECK ONE):
(a) THE BUYER HEREBY ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF
THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION, BYLAWS
AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL
INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3 DAYS,
EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF THIS CONTRACT.
(b) THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S
INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS,
AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A
CURRENT COPY OF THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND
RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION
AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY
PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND
This software is licensed to [Cynthia Benchick - Charles Rutenberg Realty LLC] www.transactiondesk.com.
Page 3 of 3 A. CONDOMINIUM RIDER
CR-4 Rev. 9/15 © 2015 Florida Realtors® and The Florida Bar. All rights reserved.
LEGAL HOLIDAYS, AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,
BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL
INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED IN
WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING.
6. BUYER’S REQUEST FOR DOCUMENTS:
Buyer is entitled, at Seller’s expense, to current copies of the condominium documents specified in Paragraph 5,
above. Buyer (CHECK ONE):
requests does not request a current copy of the documents specified in
Paragraph 5, above. If this Contract does not close, Buyer shall immediately return the documents to Seller or
reimburse Seller for the cost of the documents.
7. BUYER’S RECEIPT OF DOCUMENTS:
(COMPLETE AND CHECK ONLY IF CORRECT)
Buyer received the documents described in Paragraph 5,
above, on ___________________________________.
8. COMMON ELEMENTS; PARKING:
The
Property includes the unit being purchased and an undivided interest in the common elements and
appurtenant limited common elements of the condominium, as specified in the Declaration. Seller’s right and interest
in or to the use of the following parking space(s), garage, and other areas are included in the sale of the Property and
shall be assigned to Buyer at Closing, subject to the Declaration:
Parking Space(s) # ________ Garage # ________ Other: ___________________________________________
9. INSPECTIONS AND REPAIRS:
The rights and obligations arising under Paragraphs 11 and 12 of this Contract to maintain, repair, replace or treat are
limited to Seller’s individual condominium unit and unless Seller is otherwise responsible do not extend to common
elements, limited common elements, or any other part of the condominium property.
10. GOVERNANCE FORM:
PURSUANT TO CHAPTER 718, FLORIDA STATUTES, BUYER IS ENTITLED TO RECEIVE FROM SELLER A
COPY OF THE GOVERNANCE FORM IN THE FORMAT PROVIDED BY THE DIVISION OF FLORIDA
CONDOMINIUMS, TIMESHARES AND MOBILE HOMES OF THE DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, SUMMARIZING THE GOVERNANCE OF THE CONDOMINIUM ASSOCIATION.
This software is licensed to [Cynthia Benchick - Charles Rutenberg Realty LLC] www.transactiondesk.com.