Florida Estoppel Certificates

The 10-business-day clock

F.S. § 718.116(8) (condos) and § 720.30851 (HOAs) require the association to deliver the estoppel within 10 business daysof a written request. Miss that window and the association forfeits the fee. The clock starts on receipt of the request, not on receipt of the fee. That is a frequent dispute point with management companies that don't process the request until payment clears.

The fee caps

The statute caps the fee at $299 for a current account and $478 for a delinquent account (the $299 base plus a $179 delinquency surcharge). An additional $119may be charged for expedited delivery (within 3 business days). These are the DBPR's current inflation-adjusted figures (effective 2022; statutory base $250); the next adjustment is due July 1, 2027. Fees above the cap are recoverable by the buyer in a small-claims action.

What the certificate must include

The statute lists the required fields: current regular and special assessments, payment frequency, delinquent amounts (with itemized breakdown), pending special assessments, rules-violation fines, the association's parking and pet policies, and the existence of any pending litigation. The certificate is binding on the association. Once issued, the association cannot collect from the buyer for items that should have been disclosed.

Handling disputed amounts

The cleanest practice for disputed amounts is to list them under "disputed" with a brief narrative explanation rather than omitting them. Omission may forfeit the right to collect; explicit disputation preserves it. Disputes referred to counsel should be marked as such. Closing agents know how to handle that line item.