Developers of new residential construction to disclosure any current or pending special taxing districts

Legal Alert

REALTOR® members do not need to add a special taxing district disclosure to all real estate contracts for properties located in Miami-Dade County, as some title agents have suggested.

Historical Recap

The Miami-Dade Board of County Commissioners (BCC) passed Ordinance No. 89-56 on June 20, 1989, requiring developers of new residential construction to disclosure any current or pending special taxing districts requested during construction to potential buyers.

In 2015, the county performed an audit of special taxing districts and found some property owners paid more than they should have, while others did not pay enough for the services provided. Adjustments were made to the property tax bills for these owners. Many owners called their county commissioner claiming they were not aware that their property was located within a special taxing district, which prompted the BCC to take action.

On February 6, 2018, the BCC adopted Ordinance No. 18-12, expanding the 1989 ordinance, to require a seller to disclose if any property (residential or commercial) is located within a special taxing district on any instrument of conveyance, e.g. the deed. The original draft of this ordinance required this disclosure in all real estate contracts as well; however, after professionals with MIAMI REALTORS® spoke with the ordinance sponsor and his staff, Commissioner Jose "Pepe" Diaz agreed to remove the disclosure from all real estate contracts, leaving the disclosure requirement only in contracts for new residential properties as per the 1989 ordinance.

Since buyers do not customarily sign the deed during conveyance, the BCC voted on May 15, 2018, to delay the implementation of Ord. 18-12 for another 90 days to see if there is a better way to address this issue. We will keep you posted on any further developments. Thank you.

Danielle Blake
Senior Vice President of Government Affairs and Housing| MIAMI REALTORS®
danielle@miamire.com | (305) 468-7015