Does a Florida condo association have a right of first refusal?

Only if the condominium's own documents create one: Florida law lets a declaration include restrictions on the use, occupancy and transfer of units, but it does not give every association a right of first refusal. Whether a right of first refusal or board approval applies to a specific unit, and whether it was used, must be stated on the estoppel certificate, so a buyer and seller can confirm it before closing. Florida law does not give every condo association a right of first refusal; the condominium documents decide. The declaration can restrict use, occupancy and transfer of units, including board approval of buyers. The estoppel certificate must say whether board approval or a right of first refusal applies and whether it was used. A condo approval fee is allowed only if the documents provide for it and is capped at $150 per applicant (as of 2026). Plan the closing date around any application and approval period.

Florida Condo Right of First Refusal & Sale Approval

Where a right of first refusal comes from

Section 718.104(5), Florida Statutes, allows a condominium declaration to include covenants and restrictions on the use, occupancy and transfer of units, and says the rule against perpetuities does not defeat a right the declaration gives for the purpose of letting owners keep reasonable control over transfers. A right of first refusal (the association or members may buy the unit on the same terms as an accepted offer) or a board-approval requirement exists only when the declaration, articles or bylaws provide for it.

Practically, this means two condos on the same street can work very differently. One building may simply require notice of a sale; another may require a buyer application, an interview and board approval before closing.[1]

How to find out for a specific unit

Florida's estoppel certificate form for condominiums (section 718.116(8)) asks two direct questions: whether the association's rules require board approval of the transfer and, if so, whether the board has approved it; and whether a right of first refusal is provided to the members or the association and, if so, whether it was exercised. The association must issue the certificate within 10 business days of a written or electronic request. Homeowners' associations answer the same two questions under section 720.30851.

Read the declaration's transfer or sale article before signing, not after: it sets any notice period, application and approval timeline.
Build the approval time into the contract's closing date.
Order the estoppel certificate early so the approval and right-of-first-refusal answers are known before closing.[1][2][3]

What an association may charge for approving a sale

Section 718.112(2)(k) says a condominium association may not charge a fee for the sale, lease or other transfer of a unit unless it is required to approve the transfer and its documents provide for a fee. Any such fee may not exceed $150 per applicant (as of 2026), with spouses, or a parent with dependents, counted as one applicant. The statute adjusts the cap every five years for inflation, with DBPR calculating and publishing the adjusted figure.

This approval fee is separate from the estoppel certificate fee and from any capital contribution the documents may require.[4]

Key takeaways

Florida law does not give every condo association a right of first refusal; the condominium documents decide.
The declaration can restrict use, occupancy and transfer of units, including board approval of buyers.
The estoppel certificate must say whether board approval or a right of first refusal applies and whether it was used.
A condo approval fee is allowed only if the documents provide for it and is capped at $150 per applicant (as of 2026).
Plan the closing date around any application and approval period.

Sources

Reviewed October 12, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.