Estoppel-Postcard_Front

January 2016-Here’s an upcoming issue for homeowners in Florida.

When you’re selling or refinancing your home, if you’re part of a condo association or a homeowners’ association, you need to provide the buyer or lender with something called an “estoppel certificate”. That is a statement of your financial status with the association: Are you current on your association dues? Are there any liens on your home? Since buyers and lenders don’t want to be surprised, providing them with an estoppel certificate is reasonable and a good business practice.

Florida law does allow condo and homeowner associations to charge a “reasonable” fee to prepare one of these estoppel certificates. The issue is what exactly is “reasonable”.

Condo and homeowner associations are required by law to maintain current records of any assessments or liens on the properties they oversee. So the work required to put together an estoppel certificate is fairly minimal. Many associations charge a reasonable fee – $50 or $100 – to provide the certificate. Others, however, have turned this into a revenue stream, charging over $1,000 in some cases to provide a simple piece of paper.

Well, during the 2015 session, Rep. Kelli Stargel (R-Lakeland) and Rep. John Wood (R-Winter Haven) have introduced bills to cap the amount charged by condo and homeowner associations. They’re looking to reintroduce that bill in the 2016 session. The pertinent facts are:

  • $200 cap on fees for any homeowner who is not delinquent on paying association dues and fees;
  • Up to an additional $200 if the homeowner is delinquent; and
  • Up to $100 for an expedited certificate.

Plus, the bill would require associations to provide the estoppel certificate within 10 days, and have the certificate be valid for 30 days.

On the one hand, this seems like a no-brainer to ensure that consumers aren’t being overcharged. $1,000 just to prepare a piece of paper, with information the association already has, does seem like a stretch. On the other hand, there are people who wonder if this isn’t just another example of government intervention and regulation into private businesses. And of course, there are people who think that the bill doesn’t go far enough: even $200 cap seems too high for them.

If you’re a homeowner who belongs to a condo or homeowner association, I’d love to get your take on this. You can email me at AnnalisaWeller1@gmail.com or call me at 727-804-6566.

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