Home Sales & Disclosures
Florida HOA Estoppel Certificates: Fla. Stat. 720.30851
Florida law requires HOAs to issue estoppel certificates within 10 business days of a written or electronic request. It sets fee limits, effective periods, and refund rules for these certificates.
What the law covers
Fla. Stat. 720.30851 governs estoppel certificates for parcels in associations. It applies when a parcel owner, the parcel owner’s designee, a parcel mortgagee, or the parcel mortgagee’s designee requests a certificate. The certificate must include details such as the date of issuance, owner names, parcel designation and address, parking or garage space number, attorney contact information if the account is delinquent and turned over for collection, the preparation fee, the requestor’s name, assessment information, and other disclosures. The association may add extra information at its option. The association's governing documents and later amendments may also apply.
Key requirements and limits
- The association must issue the certificate within 10 business days after receiving a written or electronic request.
- Delivery must be by hand delivery, regular mail, or e-mail on the date of issuance.
- The effective period is 30 days for hand delivery or electronic delivery, and 35 days for regular mail.
- If no delinquent amounts are owed, the fee may not exceed $250. An expedited certificate delivered within 3 business days may carry an additional $100 fee. If a delinquent amount is owed, an additional fee may not exceed $150.
- For multiple parcels requested at once by the same owner with no past due amounts, aggregate fee caps are $750 for 25 or fewer parcels, $1,000 for 26 to 50 parcels, $1,500 for 51 to 100 parcels, and $2,500 for more than 100 parcels.
- Fee authority must come from a written board resolution or a written management, bookkeeping, or maintenance contract.
- If the association misses the 10-business-day deadline, no fee may be charged for that certificate.
- The association waives the right to collect amounts above those stated in the certificate from a person who relies on it in good faith, and from that person’s successors and assigns.
- Fees are adjusted every 5 years based on the Consumer Price Index, and the Department of Business and Professional Regulation publishes adjusted amounts on its website.
Notice, hearing and deadlines
- The association must designate on its website a person or entity with a street or e-mail address for receiving requests.
- The certificate must be issued within 10 business days after the request is received.
- The certificate is delivered on the date of issuance.
- The effective period is 30 days for hand delivery or electronic means, and 35 days for regular mail.
- An expedited certificate must be delivered within 3 business days after the request.
- A refund request related to a failed closing must be received no later than 30 days after the closing date, and the refund must be paid within 30 days after receipt of the request.
Practical checklist for homeowners
- Check the association’s website for the designated person or entity and address for estoppel certificate requests.
- Submit your request in writing or electronically and keep a copy.
- Record the date of issuance and delivery method to track the 30-day or 35-day effective period.
- Review the certificate for assessment amounts, fees, open violations, transfer approval requirements, and insurance contacts.
- Keep copies of notices and certificates.
- Read your governing documents.
- Check the official text for updates, because fees change every 5 years.
Source
Fla. Stat. 720.30851, official text“Within 10 business days after receiving a written or electronic request for an estoppel certificate”
“An estoppel certificate that is hand delivered or sent by electronic means has a 30-day effective period.”
“which may not exceed $250, if, on the date the certificate is issued, no delinquent amounts are owed”
“a fee may not be charged for the preparation and delivery of that estoppel certificate.”
“A summary proceeding pursuant to s. 51.011 may be brought to compel compliance with this section”
Frequently asked questions
How long does the association have to issue an estoppel certificate?
The association must issue the estoppel certificate within 10 business days after receiving a written or electronic request.
How long is an estoppel certificate effective?
A hand-delivered or electronic certificate is effective for 30 days. A certificate sent by regular mail is effective for 35 days.
What is the maximum fee for an estoppel certificate?
If no delinquent amounts are owed, the fee may not exceed $250. An expedited certificate delivered within 3 business days may include an additional $100 fee. If a delinquent amount is owed, an additional fee may not exceed $150.
What happens if the association is late?
If the association fails to deliver the estoppel certificate within 10 business days, a fee may not be charged for the preparation and delivery of that estoppel certificate.
Can the fee be refunded if the sale does not close?
If the closing does not occur and the preparer receives a written request, with reasonable documentation, no later than 30 days after the closing date from a payor that is not the parcel owner, the fee shall be refunded to that payor within 30 days after receipt of the request.
This page is general legal information, not legal advice, and Harrington Community is not a law firm. Statutes are amended over time and your association's governing documents may also apply. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.