Fort Lauderdale FSBO Disclosures — HOA Estoppel, Flood, and Florida Disclosure Requirements (2026)

Fort Lauderdale sellers face Florida's full disclosure obligations plus Broward County-specific issues around flooding, canal-front properties, and condo building safety.

Florida Disclosure Standard

Florida requires disclosure of all known material facts (Johnson v. Davis, 1985). Use the Florida Realtors Seller's Property Disclosure form. Florida's HB 1097 (effective 2024) adds mandatory written flood disclosure.

Flood Disclosure for Broward County

Broward County's elevation is low — much of the county is at or near sea level. King tides, heavy rainfall, and tropical systems have caused flooding throughout coastal and low-lying Broward communities.

HB 1097 requires sellers to disclose in writing:

Whether the property flooded during your ownership, and how many times

Whether you received FEMA flood disaster assistance

Whether a flood insurance claim was paid on the property

Check your FEMA flood zone at msc.fema.gov. Coastal properties, canal-adjacent properties, and low-elevation inland areas may be in FEMA Special Flood Hazard Areas. Flood insurance in post-Risk Rating 2.0 South Florida can cost $4,000–$15,000+/year on coastal properties.

HOA Estoppel Requirement

If your property has an HOA or condo association — extremely common in Fort Lauderdale's townhome and condo-heavy inventory — you must provide buyers with:

HOA governing documents (declaration, bylaws, rules, current budget)

An estoppel letter documenting fees, balance, delinquencies, and pending special assessments

Buyers have 3 days to review HOA documents and may cancel the contract based on what they find. Order the estoppel letter as soon as you have a signed contract. In Broward County, estoppels typically cost $150–$350 and take 10–20 business days.

Post-Surfside Condo Building Safety Disclosures

Florida's SB 4-D (effective 2022) requires condos 3 stories or taller to complete milestone structural inspections and fund reserves per a Structural Integrity Reserve Study (SIRS). Buyers are asking for:

Milestone inspection results

SIRS documentation showing reserve funding plan

HOA financials showing reserve account balance

Whether special assessments are planned to fund reserve requirements

If your condo building has reserve funding deficiencies and upcoming special assessments, this is material. Disclose clearly.

Hurricane Damage and Insurance Claims

South Florida's hurricane history (Andrew 1992, Wilma 2005, Irma 2017) means many homes have prior storm damage. CLUE reports will show insurance claims regardless of your disclosure. Proactive written disclosure of any hurricane-related repairs, roof replacements, or insurance claims is your legal protection.

Wind mitigation reports significantly affect buyers' insurance premiums. If you have an existing wind mitigation inspection showing hip roof, hurricane straps, or impact windows, provide it — it's a genuine selling point that reduces buyers' ongoing costs.

Seawall Disclosure for Canal-Front Properties

Fort Lauderdale's extensive canal network means many properties have seawalls. Seawall condition is a material disclosure item. Seawall failures and deterioration are common in South Florida's marine environment. If you've had any seawall repairs, reinforcement, or received engineering assessment of seawall condition, disclose it and provide documentation.

Doc Stamp Tax for Broward County

Standard Florida rate: $0.70 per $100. On a $520,000 sale, this is $3,640. (Miami-Dade's higher rate does not apply in Broward County.)

Fort Lauderdale FSBO Disclosures — HOA Estoppel, Flood, and FL Disclosure Law (2026)