Estoppel certificate in Florida (condominium): the 10-business-day deadline and fee limits

Who asks and how. The request may come from the unit owner or designee, or from the unit mortgagee or designee, in writing or electronically. Each association must designate on its website a person or entity with a street or email address for receiving requests. The certificate must be delivered by hand, regular mail or email on the date of issuance (Fla. Stat. § 718.116(8)).

Who may complete it. Any board member, authorized agent or authorized representative of the association, including an authorized employee of a management company (Fla. Stat. § 718.116(8)). Preparing and responding to estoppel certificates is also one of the tasks listed in the definition of community association management, which is a licensed activity when done for pay for associations above the statute's size thresholds (Fla. Stat. § 468.431).

What it must contain. A statutory form: the date of issuance, the owners' names, the unit and any parking or garage space, the attorney's contact details if the account has been turned over for collection, the fee, the requestor's name, the regular periodic assessment and the date it is paid through, the next installment, an itemized list of all assessments, special assessments and other money owed on the date of issuance, an itemized list of amounts scheduled to fall due during the certificate's effective period, and whether a capital contribution, resale or transfer fee is due. It also states whether there is an open rule violation, whether board approval of a transfer is required and given, whether a right of first refusal exists, the other associations the unit belongs to, and the association's insurance contacts (Fla. Stat. § 718.116(8)).

How long it lasts. A certificate that is hand delivered or sent electronically has a 30-day effective period; one sent by regular mail has a 35-day effective period. If new information or a mistake comes to light within that period, an amended certificate may be delivered with a new period and no fee for the amendment (Fla. Stat. § 718.116(8)).

Reliance. An association waives the right to collect any money owed in excess of the amounts in the certificate from anyone who relies on it in good faith, and from that person's successors and assigns (Fla. Stat. § 718.116(8)).

Fees. The statute caps the fee for preparing and delivering a certificate at $250 when no delinquent amount is owed on the unit, plus $100 more if the certificate is requested on an expedited basis and delivered within 3 business days; where a delinquent amount is owed, the additional fee may not exceed $150. Caps for several units of the same owner apply in aggregate. These figures are adjusted every 5 years by the Consumer Price Index, and the Department of Business and Professional Regulation publishes the adjusted amounts on its website, so check that page for the current number. The authority to charge must be set by a written board resolution or a written management, bookkeeping or maintenance contract. If the association misses the 10 business days, it may not charge a fee for that certificate (Fla. Stat. § 718.116(8)).