Sunny Isles Beach has everything from 1970s oceanfront buildings to brand-new luxury towers, and it’s my home market. Since Florida’s condo safety laws changed after the 2021 Surfside collapse, the building you’re in matters as much as the unit you’re selling. Buyers ask more questions, lenders review buildings more closely, and the paperwork is heavier. None of that has to sink your sale if you prepare for it.
The two laws every condo seller should understand
1. Milestone inspections. Florida requires a structural “milestone inspection” for condo and co-op buildings three habitable stories or taller, by December 31 of the year the building turns 30, and every 10 years after that. Local officials can require it at 25 years where conditions like proximity to salt water call for it (Fla. Stat. 553.899). Phase one is a visual inspection by a licensed engineer or architect; if they find signs of substantial structural deterioration, a more detailed phase two follows. Miami-Dade County also has its own long-standing building recertification program.
2. Structural integrity reserve studies (SIRS). Associations must study and fund reserves for key structural items such as the roof, load-bearing walls, fireproofing, plumbing, electrical and waterproofing. In practice, that has meant higher monthly fees or special assessments in many older buildings.
What you must give a buyer
When you sell a condo in Florida, the buyer is entitled, at the seller’s expense, to current copies of (Fla. Stat. 718.503):
- The declaration of condominium, articles of incorporation, bylaws and rules
- The association’s annual financial statement and budget
- The inspector-prepared summary of the milestone inspection report, if applicable
- The most recent structural integrity reserve study, or a statement that one hasn’t been completed
- The turnover inspection report, where one applies, and the “Frequently Asked Questions and Answers” sheet
- A governance form summarizing how the association works
Here’s why timing matters: unless the buyer received these documents more than 7 days (excluding weekends and legal holidays) before signing, the contract is voidable by the buyer for 7 days after they receive them. Order the documents from your management office as soon as you decide to sell. A buyer who gets everything up front has no surprise to walk away over.
Know your building’s story before buyers ask
Every serious buyer and lender will want to know:
- Has the milestone inspection been done, and what did it find?
- Is there a current or planned special assessment? How much per unit, and when is it due?
- How well funded are the reserves? Are monthly fees going up?
- Is there pending litigation involving the association?
- What does the master insurance policy cover, and what’s the deductible?
I read the board minutes, budget and reserve study before we list, so we can price honestly and answer these questions with confidence instead of letting a buyer’s attorney find them.
Special assessments: who pays?
If an assessment has been levied before closing, it’s generally the seller’s obligation unless the contract says otherwise. If it’s only proposed, buyers will want it addressed. Common solutions are a price adjustment, a credit at closing, or paying off the assessment at closing. The standard Florida contracts have specific language for this, so read it with your agent or attorney before you sign.
Buyer financing and the building review
Lenders don’t just approve the buyer; for conventional loans they also look at the building. Under Fannie Mae’s rules, projects with significant deferred maintenance, critical repairs that affect safety or soundness, or certain unresolved inspection findings can be ineligible for its loans. When a building can’t pass that review, the buyer pool shrinks to cash buyers and portfolio lenders, which affects price. I’ll find out where your building stands before we set a price.
Association approval
Many Sunny Isles buildings require the association to approve a buyer (and often a tenant) before closing: an application, a fee, a background check, sometimes an interview. Rules vary by building. Find out your building’s process and timeline early, build it into the contract dates, and get the buyer’s application in fast. I also make sure buyers know the pet, rental and vehicle rules before they make an offer, which avoids a denial late in the deal.
The estoppel certificate
Before closing, the association issues an estoppel certificate showing what’s owed on your unit: fees, assessments and any balance. Florida caps the fee by statute, with a base of $250, $100 more for delivery within 3 business days, and up to $150 more if the account is delinquent, adjusted for inflation every five years (Fla. Stat. 718.116). It’s usually a seller cost.
Presenting a Sunny Isles condo
- Lead with the view in photos and video, shot at the best light for your exposure.
- Show the building: pool deck, beach access, gym, lobby, valet and security.
- Put the numbers up front: monthly fee, what it includes, assessment status and the inspection status. Transparency builds trust.
- Market beyond Miami. Sunny Isles draws buyers from across the US, Latin America, Canada and beyond, and many shop online first.
Costs to plan for
A condo unit counts as a single-family residence for Miami-Dade’s deed tax, so the documentary stamp tax is $0.60 per $100 of the price, without the extra surtax (Fla. Stat. 201.031). Add the commission, the estoppel fee, the cost of the condo documents, and prorated fees and taxes. Full list: seller closing costs in Florida.
Curious what your unit would sell for, given your building’s situation? I’ll give you a straight answer.
Frequently asked questions
What is a milestone inspection in Florida?
A structural inspection of condo and co-op buildings three habitable stories or taller, required by December 31 of the year the building turns 30 and every 10 years after; local officials can require it at 25 years in places like near salt water (Fla. Stat. 553.899).
What documents does a Florida condo seller have to provide?
The declaration, articles, bylaws and rules, the annual financial statement and budget, the milestone inspection summary if applicable, the most recent structural integrity reserve study (or a statement that none was done), the FAQ sheet and a governance form (Fla. Stat. 718.503).
Can a condo buyer cancel after signing in Florida?
Unless the buyer received the required association documents more than 7 days (excluding weekends and legal holidays) before signing, the contract is voidable by the buyer within 7 such days after receiving them (Fla. Stat. 718.503).
Who pays a special assessment when a condo is sold?
An assessment levied before closing is generally the seller's obligation unless the contract says otherwise. Proposed assessments are usually negotiated through a price change or a closing credit.
Sources
- Fla. Stat. 553.899 (condo milestone inspections)
- Fla. Stat. 718.503 (condo resale disclosure)
- Fla. Stat. 718.116 (condo estoppel certificates and fees)
- Fla. Stat. 201.031 (Miami-Dade surtax; condo units count as single-family)
- Fannie Mae Selling Guide: ineligible condo projects
- Miami-Dade County: building recertification
- Florida Dept. of Revenue: Documentary Stamp Tax
This guide is general information, not legal or tax advice. Laws and fees change; check the sources above and talk to your attorney or CPA about your situation.