Can a Florida HOA Withhold Approval of Your Home Sale?

How Florida Law Handles This Issue

Chapter 720, the Florida Homeowners’ Association Act, establishes a detailed framework governing the association’s estoppel certificate obligation when a homeowner or mortgagee requests information in connection with a pending sale or refinancing. The estoppel certificate is the principal document through which an HOA communicates to a buyer, a title company, or a lender the financial and legal status of a parcel at the time of closing. The statute regulates every material aspect of this process: who may request the certificate, what form the request must take, where the request must be sent, how quickly the association must respond, what the certificate must contain, how long it remains valid, and what fees the association may charge. 

The baseline delivery obligation is stated in the opening provision of Section 720.30851, Florida Statutes, which provides:

Within 10 business days after receiving a written or electronic request for an estoppel certificate from a parcel owner or the parcel owner’s designee, or a parcel mortgagee or the parcel mortgagee’s designee, the association shall issue the estoppel certificate. Each association shall designate on its website a person or entity with a street or e-mail address for receipt of a request for an estoppel certificate issued pursuant to this section. The estoppel certificate must be provided by hand delivery, regular mail, or e-mail to the requestor on the date of issuance of the estoppel certificate.

This provision establishes three distinct operational requirements. First, the association must respond within 10 business days — not calendar days — of receiving the request. Second, the association is required to designate a specific point of contact on its website so that sellers and their representatives have a clear, documented channel for submitting requests. Third, the certificate must be transmitted to the requestor on the date it is issued, not merely prepared internally.

The estoppel certificate is binding on the association under Section 720.30851(3), which provides:

An association waives the right to collect any moneys owed in excess of the amounts specified in the estoppel certificate from any person who in good faith relies upon the estoppel certificate and from the person’s successors and assigns.

This binding-waiver rule is one of the most consequential features of the statute. “If you or your buyer reasonably rely on an estoppel certificate at closing, the HOA waives its right to collect any additional assessments, interest, late fees, or similar monetary charges that should have been listed on that certificate but were not, and that waiver extends to later owners as well. In other words, the association—not the buyer—bears the cost if it understates what is owed on the estoppel certificate. The association bears the cost of any inaccuracy in the certificate it issued.

When the association fails to meet the 10-business-day deadline, the fee consequence is automatic. Section 720.30851(4) provides:

If an association receives a request for an estoppel certificate from a parcel owner or the parcel owner’s designee, or a parcel mortgagee or the parcel mortgagee’s designee, and fails to deliver the estoppel certificate within 10 business days, a fee may not be charged for the preparation and delivery of that estoppel certificate.

The enforcement mechanism for this obligation is swift and available without a full trial. Section 720.30851(5) provides:

A summary proceeding pursuant to s. 51.011 may be brought to compel compliance with this section, and the prevailing party is entitled to recover reasonable attorney fees.

Finally, the fee caps that govern what the association may charge for the certificate are set out in Section 720.30851(6), which provides in its first three sentences:

An association or its authorized agent may charge a reasonable fee for the preparation and delivery of an estoppel certificate, which may not exceed $250, if, on the date the certificate is issued, no delinquent amounts are owed to the association for the applicable parcel. If an estoppel certificate is requested on an expedited basis and delivered within 3 business days after the request, the association may charge an additional fee of $100. If a delinquent amount is owed to the association for the applicable parcel, an additional fee for the estoppel certificate may not exceed $150.

These fee caps apply regardless of what the association’s governing documents or management contract say about estoppel certificate fees. A provision in a management agreement purporting to authorize a higher fee does not override the statutory caps. Florida’s statutory requirements for HOA estoppel certificates can have significant consequences during a sale or refinancing transaction, and a Boca Raton, FL HOA lawyer can help homeowners, buyers, and associations navigate disputes involving estoppel certificates, fee limitations, disclosure obligations, and compliance with Chapter 720.

Key Legal Rules

1. The association must issue the estoppel certificate within 10 business days of receiving a written or electronic request. If it fails to meet this deadline, it forfeits the right to charge any fee for that certificate. See Section 720.30851 and 720.30851(4), Fla. Stat.
2. The association must designate on its website a specific person or entity with a street or email address for receipt of estoppel certificate requests. Absence of a designated website contact does not excuse the 10-business-day obligation; it is an independent violation of the statute. See Section 720.30851, Fla. Stat.
3. The estoppel certificate binds the association: it waives the right to collect any amounts not disclosed in the certificate from any good-faith relying party and that party’s successors and assigns. The association bears the risk of inaccuracy in the certificate it issues. See Section 720.30851(3), Fla. Stat.
4. An estoppel certificate issued by hand delivery or email is effective for 30 days from the date of issuance. A certificate issued by regular mail is effective for 35 days. An amended certificate, issued at no additional charge, resets the effective period. See Section 720.30851(2), Fla. Stat.
5. The statute sets baseline maximums of $250 for a standard estoppel certificate, an additional $100 for an expedited certificate delivered within 3 business days, and an additional $150 if the account has a delinquent balance on the date of issuance, and authorizes DBPR to adjust those caps every 5 years based on inflation. No other fee categories or amounts are authorized by Section 720.30851(6), Florida Statutes.
6. Any right the HOA has to approve or deny a transfer of ownership must come from an express provision in the declaration. It cannot rest on board discretion alone, on implied authority, or on a provision in the bylaws or rules that is inconsistent with the declaration. A denial of a transfer-approval request that lacks an express declaration basis is a violation of the governing documents enforceable by the homeowner under Section 720.305(1), Fla. Stat.
7. The Section 51.011 summary proceeding is available to compel the association’s compliance with any provision of Section 720.30851, including the 10-business-day delivery requirement and the fee caps. The prevailing party in that proceeding recovers reasonable attorney fees. See Section 720.30851(5), Fla. Stat.
8. When one owner holds multiple parcels and requests estoppel certificates for all of them, aggregate fee caps apply: $750 for up to 25 parcels, $1,000 for 26 to 50 parcels, $1,500 for 51 to 100 parcels, and $2,500 for more than 100 parcels. See Section 720.30851(7), Fla. Stat.

Comparison Table: Three “Withhold Approval” Scenarios at Closing

How This Issue Typically Comes Up

Scenario 1: Estoppel Certificate Not Delivered in Time — Miami-Dade

A homeowner in a Miami-Dade HOA community lists the property for sale and enters into a contract with a closing date 30 days out. The seller’s title company sends a written estoppel certificate request to the association’s management company by email on Day 1. By Day 11 — one business day past the statutory deadline — the certificate has not been delivered. The title agent contacts the management company, which states that it will deliver the certificate shortly and that its standard fee is $350. Both the delay and the fee amount are unauthorized. Florida law requires delivery within 10 business days, and the fee must comply with the current DBPR caps (for example, a base cap of $299 rather than the older $250 figure in the statute), and the fee must comply with the current DBPR caps (for example, a base cap of $299 under the current DBPR schedule rather than the older $250 figure in the statute’s text). Because the certificate was not delivered on time, Section 720.30851(4), Florida Statutes, eliminates any fee entirely for that certificate. Because the certificate was not delivered on time, Section 720.30851(4), Fla. Stat., eliminates any fee entirely. The seller demands delivery at no charge and receives the certificate the following day.

Scenario 2: HOA Claims Transfer Approval Right — Tampa

A homeowner in a Tampa-area HOA is under contract to sell. The HOA management company informs the seller that the board must ‘approve’ the buyer before closing and that the buyer must submit a completed application and pay a $500 review fee. The seller reviews the community’s declaration and cannot locate any provision granting the HOA an approval right or authorizing an application fee. Florida law requires that any transfer-approval authority rest on an express declaration provision. Without that express authority, the board’s demand for an application and fee has no legal basis. The seller sends a written letter to the association citing Section 720.305(1), Fla. Stat., and demands an explanation of the specific declaration provision that authorizes the approval requirement. The association fails to identify one, and the demand is withdrawn.

Scenario 3: Open Violation Allegation Used to Block Closing — Broward

A homeowner in a Broward County HOA is weeks away from closing when the association’s management company sends a notice claiming the parcel has an ‘open violation’ for an unapproved exterior modification made by a previous owner. The association states it will not issue a clear estoppel certificate until the violation is resolved. The seller requests the underlying Section 720.305(2) violation notice and the committee determination. The association cannot produce a properly issued violation notice. Before an HOA can fine you or suspend your use rights for a rule or covenant violation, Florida law requires at least 14 days’ written notice of the alleged violation and a hearing opportunity before an independent committee. If the association has never provided that required notice and hearing, it is on shaky ground when it tries to treat an ‘open violation’ as leverage to delay or condition your sale.The estoppel‑certificate statute focuses on accurate disclosure: the association must truthfully list any claimed open violations; it does not give the HOA a blank check to refuse to issue the certificate or to block a closing based on a violation that was never properly noticed and processed under section 720.305(2). The seller demands that the association issue the estoppel certificate within the statutory window and, when it refuses, retains counsel to file a Section 51.011 summary proceeding.

Common Mistakes Associations Make

• Missing the 10-business-day delivery window and then attempting to charge a preparation fee. Section 720.30851(4), Fla. Stat., eliminates the fee automatically when the deadline is missed — there is no cure mechanism that restores the fee right once the window has closed.
• Charging a fee in excess of the $250 standard cap, $100 expedited cap, or $150 delinquency cap. Management contracts or governing documents that purport to authorize higher fees do not override the statutory caps established in Section 720.30851(6), Fla. Stat.
• Failing to designate a specific website contact for estoppel certificate requests. This is an independent violation of Section 720.30851, Fla. Stat., and it also undermines the association’s ability to argue that a request was improperly submitted if the association itself has not complied with the website-designation requirement.
• Refusing to issue or amend a certificate when corrected information is available. Once a material error in the certificate is identified, the association is exposed to the binding-waiver consequence of Section 720.30851(3), Fla. Stat., if it allows a good-faith buyer to close on the basis of an inaccurate certificate. Issuing an amended certificate at no charge — and triggering a new 30-or-35-day effective window — limits this exposure.
• Conditioning the issuance of the estoppel certificate on the resolution of disputed charges, open violations, or pending enforcement actions that are not final. The statute does not authorize the association to withhold the certificate as a collection or enforcement tool. The certificate must disclose the status of the account and any open violations; it does not authorize the association to use the certificate request as a bargaining chip.
• Asserting a transfer-approval right or right of first refusal that is not expressly granted by the declaration. Board resolutions, rules, or management policies are not valid sources of transfer-approval authority. If the declaration does not grant the right, the association does not have it.

What Associations Typically Argue and Why It Fails

Argument 1: “We Need More Time Because the Account Is Complex”

Some associations argue that the 10-business-day window is insufficient to process accounts with multiple delinquencies, pending litigation, or disputed charges. Section 720.30851, Fla. Stat., does not recognize any exception based on account complexity. The 10-business-day window applies equally to all accounts, regardless of the volume of charges or disputes. An association that cannot process a complex account within the statutory window must still deliver the certificate on time — and if it fails to do so, it forfeits the fee under Section 720.30851(4), Fla. Stat. The remedy for account complexity is better internal procedures, not an extension of the statutory deadline.

Argument 2: “Our Management Contract Authorizes a Higher Fee”

Management contracts frequently include fee schedules for estoppel certificate preparation that exceed the statutory caps. A management company’s contract with the association is an agreement between private parties and cannot override a statutory fee cap. Section 720.30851(6), Fla. Stat., sets the maximum fees that may be charged to the parcel owner or the parcel owner’s designee. The association’s internal arrangement with its management company for processing costs does not shift that statutory cap. A fee above $250 for a standard certificate is not authorized by Florida law, regardless of the management agreement.

Argument 3: “We Have the Right to Approve Any Buyer Under Our Rules”

Association rules and board policies do not create a transfer-approval right. Florida law provides that an HOA’s authority to approve or deny a transfer of title must come from the declaration — the foundational recorded document that runs with the land. Board-adopted rules, amendments to bylaws, or management policies are not a sufficient source of transfer-approval authority. A denial of a transfer request that rests on a rule or board policy rather than on express declaration language is not authorized by Florida law. A homeowner who receives such a denial may bring an enforcement action under Section 720.305(1), Fla. Stat., to compel the sale to proceed.

Argument 4: “The Estoppel Certificate Is Non-Binding”

Some associations, after issuing an estoppel certificate that understates the amount owed, attempt to collect the additional amount from the buyer or the new owner. Section 720.30851(3), Fla. Stat., expressly forecloses this. The association waives the right to collect any amounts not disclosed in the certificate from any person who in good faith relies on it, and that waiver extends to the person’s successors and assigns. The association’s own issuance of the certificate creates the estoppel against it. A good-faith buyer who closes in reliance on the certificate is fully protected from any subsequent demand for amounts the certificate did not disclose.

How the Statute Resolves This

Section 720.30851, Fla. Stat., resolves disputes over estoppel certificates and transfer approval through a three-step analytical framework that begins with identifying what the association is actually withholding.

Step one is identifying the specific bottleneck. The three most common scenarios are: (1) the association is delaying or refusing to issue the estoppel certificate; (2) the association is charging a fee above the statutory caps; or (3) the association is asserting a transfer-approval right. Each scenario has a different statutory resolution. The estoppel certificate scenarios are resolved directly by Section 720.30851. The transfer-approval scenario is resolved by the declaration in the first instance, and by Section 720.305(1), Fla. Stat., if the declaration does not support the claimed authority.

Step two is determining whether the request was properly submitted. Section 720.30851, Fla. Stat., requires the request to be written or electronic and sent to the designated contact identified on the association’s website. A properly submitted request starts the 10-business-day clock. If the association has failed to designate a website contact, the request may be submitted to the association’s principal address. The association cannot use its own failure to comply with the website-designation requirement as a basis for arguing that the request was invalid.

Step three is asserting the remedy when the statutory window has expired or the association has overcharged. If the 10-business-day window has passed, Section 720.30851(4), Fla. Stat., eliminates the fee as a matter of law. If the association has charged a fee in excess of the statutory caps, Section 720.30851(6), Fla. Stat., limits the authorized amount. If the association refuses to comply after a written demand, Section 720.30851(5), Fla. Stat., authorizes a Section 51.011 summary proceeding — an expedited judicial process — to compel delivery, with prevailing-party attorney fees. The summary proceeding is designed to move quickly enough to avoid destroying a pending closing.

Edge Cases and Nuances

Expedited Request: What Qualifies?

Section 720.30851(6), Fla. Stat., allows an additional $100 fee for an expedited certificate delivered within 3 business days of the request. The expedited fee is contingent on actual delivery within 3 business days — not on the requestor’s labeling of the request as expedited. If the requestor asks for expedited processing but the association delivers on Day 4 or later, the expedited fee is not earned. Homeowners and closing professionals should document the date the request was sent and the date the certificate was received to determine which fee tier applies.

Delinquency Additional Fee: When Does the $150 Apply?

The $150 additional fee under Section 720.30851(6), Fla. Stat., applies when a delinquent amount is owed to the association for the applicable parcel on the date the certificate is issued — not on the date the request is submitted. If the homeowner pays the delinquent balance between the date of the request and the date of issuance, the delinquency additional fee does not apply. Sellers who are in the process of resolving a disputed balance should document any payments made to bring the account current before the certificate is issued.

Right of First Refusal: Disclosure Required, Authority Must Be Declared

Section 720.30851(1), Fla. Stat., requires the estoppel certificate to disclose whether the association has a right of first refusal. This disclosure requirement applies regardless of whether the right of first refusal is exercisable in the pending transaction. However, the right of first refusal itself must be expressly granted by the declaration — its disclosure on the estoppel certificate is not itself authority for the association to exercise it. A homeowner who receives an estoppel certificate disclosing a right of first refusal should immediately review the declaration to determine the scope, terms, and deadline for the association’s exercise of that right.

Fee Refund When Closing Does Not Occur

When the homeowner has paid an estoppel certificate fee and the sale does not close, Section 720.30851(8), Fla. Stat., requires the association to refund the fee within 30 days of a written request. If the association does not refund the fee within that period, the homeowner may bring a Section 51.011 summary proceeding to recover it, along with prevailing-party attorney fees. This refund right applies to legally authorized fees — it does not apply to fees that were unauthorized in the first place (which should be challenged on a different basis).

What Homeowners Should Do

1. Locate the association’s designated estoppel certificate contact on its website before submitting the request. The statute requires this designation. If no contact is listed, document the absence and submit the request to the association’s principal address in writing, with proof of delivery.
2. Submit the estoppel certificate request in writing or electronically. Calendar the 10-business-day deadline from the date the request is received by the designated contact. Document the submission with a date-stamped confirmation — email delivery receipts or certified mail tracking serve this purpose.
3. When the certificate arrives, compare the fee charged against the statutory caps: $250 for a standard certificate (no delinquency), $350 for a standard certificate with a delinquent balance, and $100 additional for expedited delivery actually completed within 3 business days. Any fee above the then‑current DBPR caps for the base, expedited, or delinquency components is not authorized by section 720.30851(6), Florida Statutes.
4. Review the certificate for accuracy against the association’s ledger and any notices you have received. Verify the amounts disclosed, the open violation disclosures, and the right-of-first-refusal disclosure. Request an amendment if any information is materially inaccurate. An amended certificate is free and resets the effective period.
5. If the association claims a transfer-approval right, demand the specific declaration provision that grants that authority. If the association cannot identify a provision, or the provision it identifies does not authorize the type of approval it is requiring, dispute the claim in writing and cite Section 720.305(1), Fla. Stat., as the enforcement mechanism.
6. If the 10-business-day window passes without delivery, send a written demand for the certificate at no charge, citing Section 720.30851(4), Fla. Stat. Document the demand and set a short response deadline consistent with your closing schedule.
7. If the association refuses to comply after a written demand, retain counsel to bring a Section 51.011 summary proceeding under Section 720.30851(5), Fla. Stat. The summary proceeding is designed for speed and carries prevailing-party attorney fees, giving the association a concrete financial incentive to comply.

When Legal Action May Be Necessary

Legal action may be appropriate when the association has missed the 10‑business‑day deadline, refuses to issue the estoppel certificate without charging an unauthorized fee, and still will not comply after a written demand and any required pre‑suit mediation. A Florida HOA lawyer can help you decide whether to proceed with mediation, a summary proceeding, or both, based on your specific facts and closing timeline. In Miami-Dade, Tampa, and Broward HOA communities, closing timelines are tight and a delayed certificate can cause a contract to fall through. The Section 51.011 summary proceeding authorized by Section 720.30851(5), Fla. Stat., is designed for exactly this situation: it provides an expedited route to a judicial order compelling the association to deliver the certificate, and it entitles the prevailing homeowner to recover reasonable attorney fees.

Legal action is also warranted when the association is asserting a transfer-approval right that lacks express declaration support, particularly if it is using that claimed right to condition or block the closing. A homeowner who can demonstrate that the association’s claimed approval authority is not grounded in the declaration can bring an enforcement action under Section 720.305(1), Fla. Stat., and may recover reasonable attorney fees as the prevailing member.

When the association charges an estoppel certificate fee above the statutory caps and refuses to refund the excess, the homeowner has a specific statutory argument for recovery under Section 720.30851(5) and (8), Fla. Stat. These are not general breach-of-contract claims; they are statutory rights with explicit remedies that a homeowner can assert directly and efficiently through the summary-proceeding mechanism.

Actionable Summary Table

Related Knowledge — Cross-Chapter Linking

The estoppel‑certificate rules discussed in this article—especially section 720.30851—apply to homeowners’ associations governed by Chapter 720. Condominium associations are covered by a parallel framework in Chapter 718, including sections 718.116 and 718.121, which impose similar deadlines and fee caps but with their own specific requirements. The two frameworks are structurally similar — both impose a delivery deadline, a fee cap structure, and a binding-waiver consequence — but the precise requirements differ in certain details. Homeowners selling a condominium unit rather than a home in an HOA community should consult Section 718.121, Fla. Stat., and Topic 54 in this series, which addresses the condominium estoppel certificate in detail.

Transfer fees—charges imposed simply because title to the property is changing hands—are different from estoppel‑certificate fees and are governed by a mix of statute, recorded covenants, and case law. An HOA that wants to charge a transfer fee must point to a clear, recorded covenant authorizing the fee, and even then the amount and structure of that fee must comply with Florida law and be reasonable. The estoppel certificate fee under Section 720.30851(6), Fla. Stat., covers the preparation of the certificate document; it is distinct from a transfer fee, which is charged as a condition of the conveyance itself. Both types of fees are subject to specific statutory limitations and both require express declaration or statutory authorization.

Assessment collection — the underlying financial information disclosed on the estoppel certificate — is addressed in Topic 59 (HOA assessment liens) and Topic 65 (foreclosure defense) in this series. The estoppel certificate’s binding effect under Section 720.30851(3), Fla. Stat., means that a buyer who closes in reliance on a certificate showing a zero or specified balance is protected from any subsequent association claim for amounts the certificate did not disclose.

FAQ

Can a Florida HOA refuse to issue an estoppel certificate to delay my home sale?

No. Section 720.30851, Fla. Stat., requires the association to issue the estoppel certificate within 10 business days of receiving a written or electronic request. If the association does not issue the certificate within that 10-business-day window, it has failed to comply with Section 720.30851 and loses the right to charge a preparation fee for that certificate under subsection (4). In that situation, the homeowner may bring a Section 51.011 summary proceeding under Section 720.30851(5), Florida Statutes, to compel immediate delivery and, as the prevailing party, recover reasonable attorney’s fees.

What is the maximum fee a Florida HOA can charge for an estoppel certificate?

Under Section 720.30851(6), Fla. Stat., the maximum fee for a standard estoppel certificate is $250, assuming no delinquent amounts are owed on the date of issuance. If the certificate is expedited and actually delivered within 3 business days, an additional $100 fee is authorized. If a delinquent amount is owed on the date of issuance, an additional fee of up to $150 is authorized. No other fee amounts are authorized by the statute, regardless of the association’s governing documents or management contract.

If a buyer closes in reliance on the estoppel certificate, can the HOA later collect amounts the certificate didn’t disclose?

No. Section 720.30851(3), Fla. Stat., provides that an association waives the right to collect any amounts in excess of those specified in the estoppel certificate from any person who in good faith relies on the certificate and from the person’s successors and assigns. This binding-waiver rule protects both the buyer and any subsequent owner from claims that were not disclosed in the certificate at the time of closing.

Does a Florida HOA have the right to approve or reject my buyer?

Only if the declaration expressly grants the association that authority. A transfer‑approval right cannot rest solely on board discretion, informal policies, or stand‑alone rules that are inconsistent with the recorded covenants. The declaration may authorize the board to adopt reasonable approval procedures and criteria by rule, but there must be a clear recorded grant of approval authority to begin with. If the declaration does not contain an express transfer-approval provision, the HOA has no right to condition the sale on board approval. A homeowner who is asked to submit an application and fee without a supporting declaration provision may dispute the demand in writing and enforce compliance under Section 720.305(1), Fla. Stat.

What happens to the estoppel certificate fee if my home sale falls through?

If the sale does not close, Section 720.30851(8), Fla. Stat., requires the association to refund the estoppel certificate fee within 30 days of a written request. If the association fails to refund within that period, the homeowner may bring a Section 51.011 summary proceeding to recover the fee and, as the prevailing party, to recover reasonable attorney fees.

Key Terms Defined

Estoppel Certificate

A document that a Florida HOA is required to issue upon written or electronic request, disclosing the financial and legal status of a parcel as of the date of issuance. The certificate is binding on the association: it waives the right to collect from a good-faith relying party any amount not disclosed in the certificate. See Section 720.30851, Fla. Stat.

10-Business-Day Window

The statutory deadline within which a Florida HOA must issue an estoppel certificate after receiving a written or electronic request. Missing this deadline eliminates the association’s right to charge a preparation fee for that certificate. See Section 720.30851 and (4), Fla. Stat.

Transfer-Approval Right

An HOA’s authority, if expressly granted by the declaration, to approve or disapprove a transfer of title to a parcel. This right must come from the declaration — not from board resolutions, rules, or management policies. Where the declaration grants this right, the HOA may exercise it within the scope and conditions the declaration specifies.

Right of First Refusal

An HOA’s right, if expressly granted by the declaration, to purchase a parcel on the same terms as a bona fide third-party offer. This right must be expressly granted by the declaration and its exercise must comply with the terms the declaration specifies. The estoppel certificate must disclose whether the association has this right. See Section 720.30851(1), Fla. Stat.

Section 51.011 Summary Proceeding

An expedited judicial proceeding authorized by Florida law for the rapid enforcement of specific statutory rights. Section 720.30851(5), Fla. Stat., authorizes a summary proceeding under Section 51.011 to compel an HOA’s compliance with the estoppel certificate statute. The prevailing party in a summary proceeding under Section 720.30851(5) recovers reasonable attorney fees.

Under Section 720.30851, Fla. Stat., a Florida HOA must deliver an estoppel certificate within 10 business days of a written or electronic request, at a fee not exceeding the statutory caps, and any association that delays, overcharges, or asserts an approval right not grounded in the declaration is acting without authority under Florida law — with a Section 51.011 summary proceeding and prevailing-party attorney fees available to compel immediate compliance.

If your Florida HOA is delaying your home sale, charging fees above the statutory limits, or asserting an approval right that is not in your declaration, you have specific rights under Florida law to demand compliance and, if necessary, compel it through court. Perez Mayoral, P.A. represents homeowners in Miami-Dade, Tampa, Broward, and throughout Florida in disputes involving HOA closing delays, unauthorized fees, and improper transfer-approval claims. We represent homeowners only. We never represent associations.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this article. Florida HOA and condominium law changes frequently and the application of any statute depends on the specific facts and governing documents of your community. Consult a licensed Florida attorney for advice about your individual situation.

Sources

Section 720.30851, Florida Statutes — https://www.flsenate.gov/Laws/Statutes/2025/720.30851

Section 720.305, Florida Statutes — https://www.flsenate.gov/Laws/Statutes/2025/720.305

Section 720.3085, Florida Statutes — https://www.flsenate.gov/Laws/Statutes/2025/720.3085

Section 720.311, Florida Statutes — https://www.flsenate.gov/Laws/Statutes/2025/720.311

Section 51.011, Florida Statutes — https://www.flsenate.gov/Laws/Statutes/2025/51.011