Estoppel Fees Owners Should Question

Selling or refinancing a condo can require a document from the association that shows what the owner owes. Florida law controls how fast the association must respond and how much it may charge. The answers below explain those rules for owners in West Palm Beach.

What Is an Estoppel Certificate?

An estoppel certificate is a statement from the association about the amounts owed on a unit on a given date. Under Florida Statutes Section 718.116, it must itemize assessments, special assessments, and other moneys owed on the issuance date. It must also list additional amounts that become due during the effective period.

Who Can Request One?

A unit owner, a unit mortgagee, or either one’s designee may request it. Lenders and title companies may make the request on the owner’s behalf, so keep track of who asked and when. The condo’s contract with its owners, also known as the association’s declaration, governing documents, or rules and regulations, sets the regular assessment the certificate reports.

How Fast Must the Association Respond?

The association has ten business days after receiving a written or electronic request. The certificate must be delivered by hand, regular mail, or email to the requestor on the date of issuance. A certificate delivered by hand or electronically has a thirty-day effective period, and one sent by regular mail has thirty-five days.

What Can the Association Charge?

The statute sets limits. It currently lists these amounts:

• A fee of up to $250 when no delinquent amounts are owed
• An additional fee of up to $100 for delivery within three business days
• An additional fee of up to $150 when delinquent amounts are owed

The statute also provides that these fees are adjusted every five years using the Consumer Price Index. Confirm the current figures before paying, because they may differ from the amounts above.

When Can’t the Association Charge?

If the association doesn’t deliver the certificate within ten business days, a fee may not be charged. No fee may be charged for an amended certificate. If the sale or mortgage closing doesn’t occur, the payor can ask for a refund within thirty days of a written request with reasonable documentation.

What Should Owners Check on the Certificate?

Compare every figure with your own payment records. Review the regular assessments, the date paid through, and any special assessments. A balance that doesn’t match can delay a closing. Charges tied to special assessments deserve a close read to confirm they’re valid.

What If the Numbers Are Wrong or Late?

Ask for a corrected certificate in writing and keep the response. If the association refuses to share supporting documents, review how official records requests work under Florida law. Delays near a closing date raise the stakes, so act quickly.

Can Monthly Charges Affect the Certificate?

A board may raise charges as costs rise. Owners facing unexpected condo fee increases may have options, depending on the governing documents. A higher monthly assessment changes the certificate, so verify the figure.

Can Unpaid Charges Lead to a Lien?

An estoppel certificate may show that money is owed, and unpaid balances can lead to an association lien on the unit. Checking the figures early gives you time to resolve a disagreement before the sale.

Where Can West Palm Beach Owners Find Help?

Estoppel disputes can arise days before a closing. A review of the certificate and a comparison of the fees with the statute are tasks for a West Palm Beach condo lawyer, who can also pursue corrections from the association on the owner’s behalf.

Owners elsewhere in the county can turn to a Palm Beach condo lawyer for related concerns. We represent unit owners, never the associations.

Our Attorneys Represent Owners Only

At Perez Mayoral, P.A., we’re a legal team with over 100 years of combined experience. Co-founder Michael P. Mayoral co-authored the Florida Condominium Dispute Checklist for Attorneys Representing Owners, published in LexisNexis Practical Guidance.

What Is the Best Next Step?

Save the certificate, the date of your request, and every fee receipt. Owners who think they were overcharged can get in touch with us to review the numbers.