Cap fees charged by community associations for estoppel certificates.
Owners of properties governed by a condominium or homeowners’ association must provide buyers or lenders with a statement of their financial status with the association before they can sell or refinance their home. Is the property owner current on their association dues? Are there any outstanding liens against the property? This document is known as an estoppel certificate.
Florida law allows community associations to charge a “reasonable” fee to prepare an estoppel certificate. There is little additional work required of the association in preparing these estoppel certificates, because associations are required to maintain records of assessment amounts due.
Some associations, however, have turned this administrative task into a revenue stream, sometimes charging over $500 to prepare an estoppel certificate.
SB 736/HB 611 would cap the fees that associations charge at $100 for owners who are current in their assessments. The bills also set the rate for expedited estoppel certificates and updated certificates at $50. The $50 fee would also apply to owners who are delinquent in paying their assessments.
The bills address other practices that may delay or prevent a home sale: