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Condo Due Diligence

Questions to Ask Before Buying a Miami Condo

What to ask the association and the seller before going under contract.

By Anay Sanchez, Licensed Agent (FL SL3436648)·

Before you commit to buying a condo in Miami, you need answers to specific questions about the building's structural condition, financial health, and legal standing. The right questions — asked before you go under contract — reveal whether a building carries hidden costs that will affect your investment. Here is what to ask, who to ask, and what the answers should tell you.

What Should You Ask the Condo Association?

The association manages the building's common elements and finances. Florida Statute § 718.111(12) gives association members — current unit owners — the right to inspect and copy official association records; it does not give that right to prospective purchasers. As a buyer, you typically request these documents through the seller, who must provide specified association records under Florida Statute § 718.503, or you can ask the seller to exercise their own inspection rights as a member. Ask the following:

Has the building completed its milestone structural inspection?

If the building is three habitable stories or taller and 25+ years old (coastal) or 30+ years old, a milestone inspection is required under FL § 553.899. Ask for the full report. If Phase 2 was triggered, ask for those results as well.

Has the association completed a Structural Integrity Reserve Study (SIRS)?

Required under FL § 718.112(2)(g). Review the study to understand which structural components need replacement and when. Compare the recommended reserve contributions to what the association is actually collecting.

What is the current reserve balance, and is the association fully funding reserves per the SIRS?

Underfunded reserves are the primary driver of special assessments. Compare the current balance to the SIRS recommendations. Under FL § 718.112(2)(g), associations generally may not vote to waive SIRS-identified reserves — though HB 913 (2025) lets an association that recently completed its milestone inspection pause or reduce SIRS reserve contributions for up to two consecutive budget years, by a majority vote, to fund the inspection's repairs. Ask whether the association has used that option and what its plan is once the pause ends.

Are there any pending, planned, or recently levied special assessments?

Special assessments fund major repairs or cover shortfalls. Ask for the amount per unit, payment terms, and whether the assessment has already been levied or is under board discussion. Review board meeting minutes from the past 24 months for assessment-related discussions.

Is the association currently involved in any litigation?

Pending lawsuits — whether the association is suing (e.g., a contractor for defective work) or being sued — can affect project eligibility for financing. Ask for details on all pending and recently settled litigation.

What is the building's current insurance coverage and cost?

Request the declarations page of the master insurance policy. Has coverage been reduced, non-renewed, or has the premium increased significantly? Insurance adequacy is a factor in project eligibility for financing.

What Should You Ask the Seller?

Are there any outstanding or upcoming special assessments on this unit?

The estoppel certificate (governed by FL § 718.116(8)) confirms any balances owed, but ask the seller directly about assessments that have been discussed but not yet formally levied.

What are the current monthly association fees, and how have they changed in the past three years?

Rapidly rising fees may indicate that the building is catching up on deferred maintenance or increasing reserve contributions to meet SIRS requirements.

Why are you selling?

A straightforward question that sometimes reveals building-level concerns the seller is aware of. Combine the answer with your own document review.

Important

This guide is for educational purposes and does not constitute legal advice. Buyers should consult their own attorney for legal guidance and their own lender for financing questions specific to their situation.

Frequently Asked Questions

When should I request condo association documents?

Request association documents as early as possible — ideally before or immediately after submitting an offer. Under Florida Statute § 718.503, a buyer of a resale condo unit is entitled to receive specified association documents. Reviewing these documents before you are under contract gives you the most flexibility.

Source: Florida Statute § 718.503 (2025)

Who pays for the estoppel letter?

Florida Statute § 718.116(8) governs estoppel certificates. The cost is typically negotiated in the purchase contract. The estoppel letter confirms the unit’s current assessment status, any outstanding balances, and pending special assessments — making it an essential document at closing.

Source: Florida Statute § 718.116(8) (2025)

What if the association refuses to provide documents?

Florida Statute § 718.111(12) gives association members — that is, current unit owners — the right to inspect and copy official association records; it does not extend that right to prospective purchasers. As a buyer, you typically obtain association documents from the seller, who is required under Florida Statute § 718.503 to provide specified association records to a resale buyer, or you can ask the seller, as a member, to request particular records from the association on your behalf. If the seller or the association is unresponsive, that itself is a significant warning sign about governance. Consult an attorney about your rights.

Sources: Florida Statute § 718.111(12) (2025); Florida Statute § 718.503 (2025)

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