ESTOPPEL CERTIFICATE
[ASSOCIATION NAME]
[// GUIDANCE: An estoppel certificate (also called estoppel letter) provides a prospective purchaser, lender, or title company with information about a property's status with the HOA, including assessment balances, violations, and other material information. The Association is legally bound by the information stated in the estoppel certificate. Florida has detailed statutory requirements (F.S. 720.30851 for HOAs, F.S. 718.116 for condos).]
CERTIFICATE IDENTIFICATION
| Details | |
|---|---|
| Certificate Number | [NUMBER] |
| Date of Issuance | [DATE] |
| Prepared By | [NAME / TITLE] |
| Valid Through | [DATE - typically 30-35 days from issuance] |
PART 1: PROPERTY INFORMATION
Property Address:
________________________________________________
Lot/Unit Number: ________________________________________________
Subdivision/Community: ________________________________________________
Parcel/APN Number: ________________________________________________
Legal Description:
________________________________________________
________________________________________________
PART 2: OWNER INFORMATION
Owner(s) of Record:
________________________________________________
Mailing Address:
________________________________________________
________________________________________________
PART 3: ASSOCIATION INFORMATION
Association Name: [FULL LEGAL NAME]
Incorporated in: [STATE]
Principal Office:
________________________________________________
Management Company:
Name: ________________________________________________
Address: ________________________________________________
Phone: ____________________ Email: ____________________
Contact for Questions:
Name: ________________________________________________
Phone: ____________________ Email: ____________________
PART 4: ASSESSMENT STATUS
Current Assessment Information
| Assessment Type | Amount | Frequency | Next Due Date |
|---|---|---|---|
| Regular Assessment | $[AMOUNT] | [Monthly/Quarterly/Annual] | [DATE] |
| Special Assessment | $[AMOUNT] | [Frequency/One-time] | [DATE] |
| Other: ____________ | $[AMOUNT] | [Frequency] | [DATE] |
Total Current Monthly Obligation: $[AMOUNT]
Account Status as of [DATE]
| Description | Amount |
|---|---|
| Regular Assessments Due | $[AMOUNT] |
| Special Assessments Due | $[AMOUNT] |
| Late Fees | $[AMOUNT] |
| Interest | $[AMOUNT] |
| Fines | $[AMOUNT] |
| Legal/Collection Fees | $[AMOUNT] |
| Lien Recording Fees | $[AMOUNT] |
| Other Charges: ____________ | $[AMOUNT] |
| TOTAL AMOUNT DUE | $[AMOUNT] |
☐ Account is current - no amounts are past due.
☐ Account is delinquent - the total amount due to bring the account current is $[AMOUNT].
Prorated Assessment (if applicable)
For closings occurring mid-period:
- Assessment Period: [START] to [END]
- Daily Rate: $[AMOUNT]
- If closing on [SAMPLE DATE]: Buyer's prorated share = $[AMOUNT]
PART 5: LIEN STATUS
Is there a recorded lien against this property for unpaid assessments?
☐ No lien is currently recorded.
☐ Yes, a lien is recorded:
- Recording Date: [DATE]
- Recording Reference: [BOOK/PAGE or INSTRUMENT NUMBER]
- Lien Amount at Recording: $[AMOUNT]
- Current Amount Secured by Lien: $[AMOUNT]
Lien Release:
Upon receipt of $[AMOUNT], the Association will record a satisfaction/release of lien within [X] business days.
Lien Release Fee: $[AMOUNT]
PART 6: VIOLATIONS
Are there any open or unresolved violations against this property?
☐ No open violations.
☐ Yes, the following violations are open:
| Date Noticed | Violation Description | Status | Fine Imposed |
|---|---|---|---|
| [DATE] | [DESCRIPTION] | [Status] | $[AMOUNT] |
| [DATE] | [DESCRIPTION] | [Status] | $[AMOUNT] |
Violation Notes:
________________________________________________
________________________________________________
[// GUIDANCE: Florida F.S. 720.30851 requires disclosure of "open violations of rules, regulations, or other matters for which the parcel owner may be responsible."]
PART 7: TRANSFER FEES AND REQUIREMENTS
Fees Due at Transfer
| Fee Description | Amount | Paid By |
|---|---|---|
| Estoppel Certificate Fee | $[AMOUNT] | ☐ Seller ☐ Buyer |
| Transfer/Membership Fee | $[AMOUNT] | ☐ Seller ☐ Buyer |
| Capital Contribution | $[AMOUNT] | ☐ Seller ☐ Buyer |
| Working Capital Fee | $[AMOUNT] | ☐ Seller ☐ Buyer |
| Application/Processing Fee | $[AMOUNT] | ☐ Seller ☐ Buyer |
| Move-Out Fee | $[AMOUNT] | ☐ Seller ☐ Buyer |
| Move-In Fee | $[AMOUNT] | ☐ Seller ☐ Buyer |
| Move-In Deposit (Refundable) | $[AMOUNT] | ☐ Seller ☐ Buyer |
| Other: ____________ | $[AMOUNT] | ☐ Seller ☐ Buyer |
| TOTAL TRANSFER FEES | $[AMOUNT] |
[// GUIDANCE: Florida F.S. 720.30851 limits standard estoppel fees to $250 (no delinquency) or $400 (with delinquency), plus $100 for expedited delivery. Check state-specific fee limits.]
Board Approval
Is Board approval required for this transfer?
☐ No
☐ Yes - Contact [NAME] at [PHONE/EMAIL] for application and requirements
Right of First Refusal:
☐ The Association does not have a right of first refusal.
☐ The Association has a right of first refusal that must be exercised within [X] days.
PART 8: LEASING INFORMATION
Are there restrictions on leasing/renting the property?
☐ No leasing restrictions
☐ Yes, leasing is subject to the following restrictions:
- Minimum lease term: [X] months
- Maximum leases per year: [NUMBER]
- Board approval required: ☐ Yes ☐ No
- Application fee: $[AMOUNT]
- Rental cap: [X]% of units (currently [AVAILABLE/AT CAPACITY])
Is the property currently leased?
☐ No
☐ Yes - Lease term: [START] to [END]
PART 9: SPECIAL ASSESSMENTS
Approved Special Assessments
☐ No special assessments are currently approved.
☐ The following special assessment(s) have been approved:
| Description | Total Amount | Per Lot Amount | Due Date | Balance Due This Lot |
|---|---|---|---|---|
| [DESCRIPTION] | $[AMOUNT] | $[AMOUNT] | [DATE(S)] | $[AMOUNT] |
Pending/Proposed Special Assessments
☐ No special assessments are pending or proposed.
☐ The following special assessment(s) are pending or proposed:
| Description | Estimated Amount | Status | Vote Date |
|---|---|---|---|
| [DESCRIPTION] | $[AMOUNT] | [Pending vote/Under consideration] | [DATE] |
Disclaimer: Pending or proposed assessments are subject to change and may or may not be approved.
PART 10: INSURANCE INFORMATION
Association Insurance Coverage
| Coverage | Carrier | Limits | Deductible |
|---|---|---|---|
| Property/Hazard | [CARRIER] | $[AMOUNT] | $[AMOUNT] |
| General Liability | [CARRIER] | $[AMOUNT] | $[AMOUNT] |
| D&O | [CARRIER] | $[AMOUNT] | $[AMOUNT] |
| Fidelity/Crime | [CARRIER] | $[AMOUNT] | $[AMOUNT] |
Property Coverage Type: ☐ All-In ☐ Bare Walls ☐ Single Entity ☐ Other
Insurance certificates available upon request.
PART 11: LITIGATION
Is the Association a party to any pending litigation?
☐ No pending litigation.
☐ Yes, the following litigation is pending:
- Case: [CASE NAME/NUMBER]
- Nature: [BRIEF DESCRIPTION]
- Status: [STATUS]
- Potential Impact: [DESCRIPTION]
PART 12: AMENITY/MEMBERSHIP INFORMATION
☐ Amenities included in assessment: [LIST - e.g., pool, clubhouse, fitness center]
☐ Separate club/amenity membership required: ☐ Yes ☐ No
If yes: Contact [NAME] at [PHONE/EMAIL]
☐ Parking assignment: Space(s) [NUMBER(S)]
☐ Storage assignment: Unit [NUMBER]
☐ Key/Fob/Access Devices:
- Number on file: [NUMBER]
- Replacement cost: $[AMOUNT] each
- New owner must obtain new devices from [CONTACT]
PART 13: CONTACT INFORMATION
For payment of amounts due:
Make check payable to: [ASSOCIATION NAME]
Mail to: [ADDRESS]
Wire instructions: [IF APPLICABLE]
Online payment: [URL]
For questions about this certificate:
[NAME]
[PHONE]
[EMAIL]
For closing coordination:
[NAME]
[PHONE]
[EMAIL]
PART 14: ATTORNEY INFORMATION (IF APPLICABLE)
[// GUIDANCE: Florida F.S. 720.30851 requires disclosure if the account has been turned over to an attorney for collection.]
☐ This account has NOT been turned over to an attorney for collection.
☐ This account HAS been turned over to an attorney for collection:
- Attorney Name: [NAME]
- Firm: [FIRM NAME]
- Address: [ADDRESS]
- Phone: [PHONE]
- Email: [EMAIL]
All payments must be made through the attorney's office.
PART 15: GOVERNING DOCUMENTS
The following governing documents are available:
☐ Declaration of Covenants, Conditions and Restrictions (CC&Rs)
☐ Articles of Incorporation
☐ Bylaws
☐ Rules and Regulations
☐ Architectural Guidelines
To request copies: Contact [NAME] at [PHONE/EMAIL]
Fee for document copies: $[AMOUNT]
PART 16: ADDITIONAL DISCLOSURES
[// GUIDANCE: Include any additional state-required disclosures or material information.]
Association Contact for Other Associations (if applicable)
☐ This property is also subject to the following association(s):
- [ASSOCIATION NAME]: [CONTACT INFORMATION]
Age-Restricted Community
☐ This is an age-restricted community (55+).
☐ Not an age-restricted community.
Pet Restrictions
☐ No pets or specific restrictions: [DESCRIBE]
Other Material Information
[ANY OTHER MATERIAL INFORMATION THE BUYER SHOULD KNOW]
PART 17: CERTIFICATION
The undersigned, on behalf of [ASSOCIATION NAME], certifies that:
-
The information contained in this Estoppel Certificate is true and accurate to the best of our knowledge as of the date of preparation.
-
The Association will be bound by the amounts stated in this certificate regarding assessments, fees, and other charges for a period of [THIRTY (30)] days from the date of issuance [or THIRTY-FIVE (35) days if delivered by regular mail].
-
Upon payment of the total amount due as stated herein, plus any amounts that accrue through the date of closing, the account will be current and any recorded lien will be released.
-
This certificate is issued for the benefit of the current owner, prospective purchaser, and their respective agents, attorneys, and title insurers.
SIGNATURES
CERTIFIED BY:
[ASSOCIATION NAME]
By: ______________________________
Print Name: ______________________________
Title: ______________________________
Date: ______________________________
[OR MANAGEMENT COMPANY]
By: ______________________________
Print Name: ______________________________
Company: ______________________________
Title: ______________________________
Date: ______________________________
IMPORTANT NOTICES
Validity Period
☐ Hand Delivered/Electronic: This certificate is valid for thirty (30) days from the date of issuance.
☐ Mailed: This certificate is valid for thirty-five (35) days from the date of issuance.
[// GUIDANCE: Florida F.S. 720.30851(4) specifies 30 days for hand/electronic delivery, 35 days for mail.]
Binding Effect
The Association is legally bound by the assessment amounts and account status stated in this certificate for the period specified above. The Association may not claim additional amounts inconsistent with this certificate against a purchaser who relies on this certificate.
Changes in Status
If material changes occur before closing (such as new violations or assessments), the Association may issue an updated certificate.
Not Legal Advice
This certificate is provided for informational purposes and does not constitute legal advice. Purchasers should review all governing documents and consult legal counsel.
FOR INTERNAL USE
Requested By:
Name: ________________________________________________
Company: ________________________________________________
Phone: ____________________ Email: ____________________
Relationship to Transaction: ☐ Seller ☐ Buyer ☐ Title Company ☐ Agent ☐ Attorney ☐ Lender
Request Date: ________________ Request Type: ☐ Standard ☐ Rush
Fee: $________________ ☐ Paid ☐ Invoice Attached
Delivery Method: ☐ Email ☐ Mail ☐ Fax ☐ In Person
Delivered Date: ________________
Expiration Date: ________________
Copy to File: ☐ Yes
Notes:
________________________________________________
________________________________________________
FEES SUMMARY (FLORIDA-SPECIFIC)
[// GUIDANCE: Florida F.S. 720.30851 specifies maximum fees. Customize for your state.]
| Service | Maximum Fee | Fee Charged |
|---|---|---|
| Standard Estoppel (no delinquency) | $250 | $[AMOUNT] |
| Standard Estoppel (with delinquency) | $400 | $[AMOUNT] |
| Expedited (within 3 business days) | Add $100 | $[AMOUNT] |
| Update Letter | $100 | $[AMOUNT] |
| Total Fee | $[AMOUNT] |
[// GUIDANCE:
1. State laws often specify required content - verify all requirements.
2. Florida F.S. 720.30851 has detailed requirements and fee limits.
3. The Association is legally bound by the amounts stated.
4. Provide certificates within required timeframes (Florida: 10 business days standard, 3 days rush).
5. Retain copies for at least 7 years.
6. If the Association fails to provide a timely certificate, it may forfeit its right to collect fees.
7. Update certificates if material changes occur before closing.
8. Include all required contact information, especially attorney info for accounts in collection.]
End of Document
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