The turnover document delivery list, item by item

The turnover document delivery list, item by item

For condominiums, most of it is due at the meeting. Only the financials get 90 days.

✓ Condo: 19 items, due simultaneously with handover

✓ HOA: 20 items, all within 90 days

✓ Delivered at the developer's expense

✓ Condo remedy: summary procedure plus attorney fees

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STEP 3
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Turnover delivery tracking for Florida boards

The delivery list is the one part of a handover that can be worked mechanically — item by item, with dates. Boards that do that get most of it. Boards that accept a box and a promise usually find out two years later what was missing, from a lawyer.

Ledgerly issues the itemised written demand on the day control passes, logs each item against the statute as it arrives, and keeps the record that makes any later remedy worth pursuing.

Condominiums — s. 718.301(4)

The introduction is worth reading closely: at the time owners elect a majority, the developer must relinquish control and the owners must accept it, and the developer must deliver "all property of the unit owners and of the association which is held or controlled by the developer, including, but not limited to" the listed items, "at the developer's expense," and "as to each condominium operated by the association."

Three things follow from that sentence. The list is a floor, not a ceiling. The developer pays. And in a multi-condominium association the obligation repeats for each condominium.

Item
(a) Governing documents: the recorded declaration and all amendments; certified copy of the articles of incorporation; a copy of the bylaws; the minute books including all minutes and other books and records; and any house rules and regulations
(b) Resignations of the officers and directors required to resign on relinquishment of control
(c) Financial records and the independent CPA audit — the only item that may take up to 90 days
(d) All association funds, or control of them
(e) All tangible personal property of the association, or represented to be part of the common elements, and an inventory of it
(f) Plans and specifications used in construction or remodeling, with a certificate in affidavit form — see the three-year exception below
(g) Names and addresses of all contractors, subcontractors and suppliers used in construction, remodeling and landscaping which the developer knew of at any time in the development
(h) Insurance policies
(i) Copies of any certificates of occupancy issued for the condominium property
(j) Other permits in force, or issued within one year before owners took control
(k) All written warranties of contractors, subcontractors, suppliers and manufacturers still effective
(l) Roster of unit owners with addresses and telephone numbers, if known, as shown on the developer's records
(m) Leases of the common elements and other leases to which the association is a party
(n) Employment and service contracts to which the association is a party, or under which the association or owners have a direct or indirect payment obligation
(o) All other contracts to which the association is a party
(p) Turnover inspection report — structural, consisting of a structural integrity reserve study
(q) Turnover inspection report — building systems and site
(r) Copy of the recorded surveyor and mapper certificate, or the recorded non-assigned transfer deed, whichever occurred first
(s) A copy of the association's most recent structural integrity reserve study

Paragraphs (r) and (s) were added in 2023 and are missing from a large number of turnover checklists still in circulation. Paragraph (r) matters more than it looks — it is the document that fixes the start of the seven-year backstop.

The plans-and-specifications escape hatch

Paragraph (f) ends with a sentence boards should read before assuming they will receive drawings: if the condominium property was declared a condominium more than three years after completion of construction or remodeling, the plans requirement does not apply. Conversions frequently fall into this exception.

The two turnover inspection reports

Paragraph (p) covers roof; structure, including load-bearing walls and primary structural members and systems as defined in s. 627.706; fireproofing and fire protection systems; plumbing; electrical systems; waterproofing and exterior painting; and windows and exterior doors. Since 2024 it must consist of a structural integrity reserve study.

Paragraph (q) covers elevators; heating and cooling systems; swimming pool or spa and equipment; seawalls; pavement and parking areas; drainage systems; and irrigation systems.

Both must be under seal of a Florida-licensed architect or engineer or a person certified as a reserve specialist by the Community Associations Institute or a professional reserve analyst by the Association of Professional Reserve Analysts, and both must attest to required maintenance, condition, useful life and replacement costs.

Homeowners' associations — s. 720.307(4)

Twenty items, (a) through (t), all within 90 days, at the developer's expense. The clock runs from when members become entitled to elect a majority — not from the election itself, which means a delayed election does not delay delivery.

Item
(a)–(d) Deeds to common property; the original declaration of covenants and restrictions; a certified copy of the articles; a copy of the bylaws
(e)–(g) Minute books including all minutes; the books and records; adopted policies, rules and regulations
(h) Resignations of directors required to resign
(i)–(k) Financial records from incorporation through turnover; all association funds and control of them; all tangible property
(l)–(m) Copies of all contracts to which the association is a party; names, addresses and telephone numbers of all contractors, subcontractors or others in the association's current employ
(n)–(p) Insurance policies in effect; permits issued to the association; all warranties in effect
(q) Roster of current homeowners with addresses, telephone numbers, and section and lot numbers
(r)–(s) Employment and service contracts in effect; all other contracts in effect
(t) Financial records and source documents, audited by an independent CPA — only for associations incorporated after December 31, 2007

Chapter 720 has no turnover inspection report and no reserve study obligation. The words do not appear anywhere in the chapter. An HOA board receives no engineering assessment of what it is taking on, which is precisely why commissioning one independently matters more for HOAs than for condominiums.

What to do when it does not arrive

Put the demand in writing on the day control passes, itemised against the statutory list, and keep the delivery record. For condominiums, the Division rule requires the developer to obtain a signed receipt documenting the transfer, with both parties retaining it for seven years. Ask for it, and keep your own parallel log.

Condominium remedies

  • Section 718.302(6) permits an action under the summary procedure in s. 51.011 to compel compliance with s. 718.301, and the prevailing party is entitled to reasonable attorney fees. Summary procedure is fast by design.
  • The Division has express jurisdiction under s. 718.501 over complaints involving improper turnover or failure to turn over. Its tools include cease and desist orders against the developer and developer-designated officers and directors, petitioning for a receiver or conservator, impounding books and records, and civil penalties of up to $5,000 per violation — assessable on a per-day basis for a continuing violation.
  • Where the withheld items are official records, the records provisions of s. 718.111(12) add their own consequences, including criminal exposure for willful refusal to produce.

HOA remedies

Thinner, and worth being honest about. Section 720.307 contains no remedy, no penalty and no enforcement mechanism. There is no HOA equivalent of the summary-procedure route. Enforcement runs through s. 720.305(1), which permits actions at law or in equity by the association or any member against the association, a member, or a director or officer who willfully and knowingly fails to comply — with reasonable attorney fees to the prevailing party. A developer is reachable as a member, and its appointed directors and officers are reachable directly.

Section 720.3075(1)(b) also voids as against public policy any governing-document clause prohibiting or restricting the association from filing a lawsuit against the developer. If someone points to one, it is unenforceable.

Do not tell owners to file a DBPR complaint over an HOA turnover delivery. The Division's Chapter 720 jurisdiction is limited to election and recall disputes.

Where this fits

This page covers one stage of the handover. The full sequence, with the before-and-after board checklist, is on the pillar: Developer to owner control: the complete Florida transition guide for boards.

Related pages in this series

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