Florida HOA Estoppel Certificates: Fla. Stat. 720.30851

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.