CS for CS for CS for SB 736                First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2015736e1
       
    1                        A bill to be entitled                      
    2         An act relating to residential properties; amending
    3         ss. 718.116, 719.108, and 720.30851, F.S.; revising
    4         requirements relating to the issuance of an estoppel
    5         certificate to specified persons; requiring that an
    6         estoppel certificate contain certain information;
    7         providing an effective period for a certificate based
    8         upon the date of issuance and form of delivery;
    9         providing that the association waives a specified
   10         claim against a person or such person’s successors or
   11         assigns who rely on the certificate in good faith;
   12         authorizing a summary proceeding to be brought to
   13         compel an association to prepare or deliver an
   14         estoppel certificate; specifying the maximum amounts
   15         an association may charge for an estoppel certificate;
   16         providing that the authority to charge a fee for the
   17         estoppel certificate must be established by a
   18         specified written resolution or provided by a written
   19         management, bookkeeping, or maintenance contract;
   20         deleting obsolete provisions; conforming provisions to
   21         changes made by the act; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (8) of section 718.116, Florida
   26  Statutes, is amended to read:
   27         718.116 Assessments; liability; lien and priority;
   28  interest; collection.—
   29         (8) An association shall issue an estoppel certificate to a
   30  unit owner or the unit owner’s designee or a unit mortgagee or
   31  the unit mortgagee’s designee within 10 business 15 days after
   32  receiving a written or electronic request for the certificate.
   33  The estoppel certificate must be delivered by mail, by hand
   34  delivery, or by electronic means to the requester on the date of
   35  issuance.
   36         (a) The estoppel certificate must contain all of the
   37  following:
   38         1. The date of issuance.
   39         2.The amount of all assessments and other moneys owed to
   40  the association by the unit owner for a specific unit on the
   41  date of issuance. This amount is limited to amounts authorized
   42  by statute to be recorded in the official records of the
   43  association under s. 718.111(12).
   44         3.The amount of any additional assessments and other
   45  moneys that are scheduled to become due for each day after the
   46  date of issuance for the 30-day or 35-day effective period of
   47  the estoppel certificate. This amount is limited to amounts
   48  authorized by statute to be recorded in the official records of
   49  the association under s. 718.111(12). In calculating the amounts
   50  that are scheduled to become due, the association may assume
   51  that any delinquent amounts will remain delinquent during the
   52  effective period of the estoppel certificate.
   53         4. The amount of any fee charged by the association for
   54  preparing and delivering the estoppel certificate. This fee is
   55  in addition to any other amounts on the estoppel certificate.
   56         5.The signature of an officer or agent of the association.
   57         (b)An estoppel certificate that is delivered on the date
   58  of issuance has a 30-day effective period. An estoppel
   59  certificate that is mailed to the requester has a 35-day
   60  effective period.
   61         (c) An association waives the right to collect any moneys
   62  owed in excess of the amounts specified in the estoppel
   63  certificate from any person who in good faith relies upon the
   64  estoppel certificate and from the person’s successors and
   65  assigns therefor from a unit owner or his or her designee, or a
   66  unit mortgagee or his or her designee, the association shall
   67  provide a certificate signed by an officer or agent of the
   68  association stating all assessments and other moneys owed to the
   69  association by the unit owner with respect to the condominium
   70  parcel.
   71         (a) Any person other than the owner who relies upon such
   72  certificate shall be protected thereby.
   73         (d)(b) A summary proceeding pursuant to s. 51.011 may be
   74  brought to compel compliance with this subsection, and in any
   75  such action the prevailing party is entitled to recover
   76  reasonable attorney attorney’s fees.
   77         (e)1.(c) Notwithstanding any limitation on transfer fees
   78  contained in s. 718.112(2)(i), an the association or its
   79  authorized agent may charge a reasonable fee, which may not
   80  exceed its reasonable costs to prepare and deliver for the
   81  preparation of the estoppel certificate. However, the fee for
   82  the estoppel certificate may not exceed $200 if on the date the
   83  certificate is issued, no delinquent amounts are owed to the
   84  association for the applicable unit. If an estoppel certificate
   85  is requested on an expedited basis and delivered within 3
   86  business days after the request, the association may charge an
   87  additional fee of $100. If delinquent amounts are owed to the
   88  association for the applicable unit, an additional fee for the
   89  estoppel certificate may not exceed $200. The association may
   90  not charge a fee for an estoppel certificate that is issued more
   91  than 10 business days after it receives the request for the
   92  certificate. The maximum allowable fees charged in accordance
   93  with this section shall be adjusted every 3 years in an amount
   94  equal to the annual increases for that 3-year period in the
   95  Consumer Price Index for All Urban Consumers, U.S. City Average,
   96  all items The amount of the fee must be included on the
   97  certificate.
   98         2. If the estoppel certificate is requested in conjunction
   99  with the sale or refinancing of a unit, the fee for the
  100  certificate shall be paid to the association from the closing or
  101  settlement proceeds. If the closing does not occur, the fee for
  102  the certificate is the obligation of the unit owner, and the
  103  association may collect the fee in the same manner as an
  104  assessment against the unit. An association may not require the
  105  payment of any other fees as a condition for the preparation or
  106  delivery of an estoppel certificate.
  107         (f)(d) The authority to charge a fee for the estoppel
  108  certificate must shall be established by a written resolution
  109  adopted by the board or provided by a written management,
  110  bookkeeping, or maintenance contract and is payable upon the
  111  preparation of the certificate. If the certificate is requested
  112  in conjunction with the sale or mortgage of a unit but the
  113  closing does not occur and no later than 30 days after the
  114  closing date for which the certificate was sought the preparer
  115  receives a written request, accompanied by reasonable
  116  documentation, that the sale did not occur from a payor that is
  117  not the unit owner, the fee shall be refunded to that payor
  118  within 30 days after receipt of the request. The refund is the
  119  obligation of the unit owner, and the association may collect it
  120  from that owner in the same manner as an assessment as provided
  121  in this section.
  122         Section 2. Subsection (6) of section 719.108, Florida
  123  Statutes, is amended to read:
  124         719.108 Rents and assessments; liability; lien and
  125  priority; interest; collection; cooperative ownership.—
  126         (6) An association shall issue an estoppel certificate to a
  127  unit owner or the unit owner’s designee or a unit mortgagee or
  128  the unit mortgagee’s designee within 10 business 15 days after
  129  receiving a written or electronic request for the certificate.
  130  The estoppel certificate must be delivered by mail, by hand
  131  delivery, or by electronic means to the requester on the date of
  132  issuance.
  133         (a) The estoppel certificate must contain all of the
  134  following:
  135         1. The date of issuance.
  136         2. The amount of all assessments and other moneys owed to
  137  the association by the unit owner for a specific unit on the
  138  date of issuance. This amount is limited to the amounts
  139  authorized to be recorded in the official records of the
  140  association under s. 719.104(2).
  141         3. The amount of any additional assessments and other
  142  moneys that are scheduled to become due for each day after the
  143  date of issuance for the 30-day or 35-day effective period of
  144  the estoppel certificate. This amount is limited to the amounts
  145  authorized to be recorded in the official records of the
  146  association under s. 719.104(2). In calculating the amounts that
  147  are scheduled to become due, the association may assume that any
  148  delinquent amounts will remain delinquent during the effective
  149  period of the estoppel certificate.
  150         4. The amount of any fee charged by the association for
  151  preparing and delivering the estoppel certificate. This fee is
  152  in addition to any other amounts on the estoppel certificate.
  153         5. The signature of an officer or agent of the association.
  154         (b) An estoppel certificate that is delivered on the date
  155  of issuance has a 30-day effective period. An estoppel
  156  certificate that is mailed to the requester has a 35-day
  157  effective period.
  158         (c) An association waives the right to collect any moneys
  159  owed in excess of the amounts specified in the estoppel
  160  certificate from any person who in good faith relies upon the
  161  estoppel certificate and from that person’s successors and
  162  assigns.
  163         (d) A summary proceeding pursuant to s. 51.011 may be
  164  brought to compel compliance with this subsection, and in any
  165  such action the prevailing party is entitled to recover
  166  reasonable attorney fees by a unit owner or mortgagee, the
  167  association shall provide a certificate stating all assessments
  168  and other moneys owed to the association by the unit owner with
  169  respect to the cooperative parcel. Any person other than the
  170  unit owner who relies upon such certificate shall be protected
  171  thereby.
  172         (e)1. Notwithstanding any limitation on transfer fees
  173  contained in s. 719.106(1)(i), an the association or its
  174  authorized agent may charge a reasonable fee, which may not
  175  exceed its reasonable costs to prepare and deliver for the
  176  preparation of the estoppel certificate. However, the fee for
  177  the estoppel certificate may not exceed $200 if on the date the
  178  certificate is issued, no delinquent amounts are owed to the
  179  association for the applicable unit. If an estoppel certificate
  180  is requested on an expedited basis and delivered within 3
  181  business days after the request, the association may charge an
  182  additional fee of $100. If delinquent amounts are owed to the
  183  association for the applicable unit, an additional fee for the
  184  estoppel certificate may not exceed $200. The association may
  185  not charge a fee for an estoppel certificate that is issued more
  186  than 10 business days after it receives a request for the
  187  certificate. The maximum allowable fees charged in accordance
  188  with this section shall be adjusted every 3 years in an amount
  189  equal to the annual increases for that 3-year period in the
  190  Consumer Price Index for All Urban Consumers, U.S. City Average,
  191  all items.
  192         2. If the estoppel certificate is requested in conjunction
  193  with the sale or refinancing of a unit, the fee for the
  194  certificate shall be paid to the association from the closing or
  195  settlement proceeds. If the closing does not occur, the fee for
  196  the certificate is the obligation of the unit owner, and the
  197  association may collect the fee in the same manner as an
  198  assessment against the unit. An association may not require the
  199  payment of any other fees as a condition for the preparation or
  200  delivery of an estoppel certificate.
  201         (f) The authority to charge a fee for the estoppel
  202  certificate must be established by a written resolution adopted
  203  by the board or provided by a written management, bookkeeping,
  204  or maintenance contract.
  205         Section 3. Section 720.30851, Florida Statutes, is amended
  206  to read:
  207         720.30851 Estoppel certificates.—An association shall issue
  208  an estoppel certificate to a parcel owner or the parcel owner’s
  209  designee or a mortgagee or the mortgagee’s designee within 10
  210  business 15 days after receiving a written or electronic request
  211  for the certificate. The estoppel certificate must be delivered
  212  by mail, by hand delivery, or by electronic means to the
  213  requester on the date of issuance.
  214         (1) The estoppel certificate must contain all of the
  215  following:
  216         (a) The date of issuance.
  217         (b) The amount of all assessments and other moneys owed to
  218  the association by the parcel owner for a specific parcel as
  219  recorded on the date of issuance. This amount is limited to
  220  amounts authorized by statute to be recorded in the official
  221  records of the association under s. 720.303(4).
  222         (c) The amount of any additional assessments and other
  223  moneys that are scheduled to become due for each day after the
  224  date of issuance for the 30-day or 35-day effective period of
  225  the estoppel certificate. This amount is limited to amounts
  226  authorized by statute to be recorded in the official records of
  227  the association under s. 720.303(4). In calculating the amounts
  228  that are scheduled to become due, the association may assume
  229  that any delinquent amounts will remain delinquent during the
  230  effective period of the estoppel certificate.
  231         (d) The amount of any fee charged by the association for
  232  preparing and delivering the estoppel certificate. This fee is
  233  in addition to any other amounts on the certificate.
  234         (e) The signature of an officer or agent of the
  235  association.
  236         (2) An estoppel certificate that is delivered on the date
  237  of issuance has a 30-day effective period. An estoppel
  238  certificate that is mailed to the requester has a 35-day
  239  effective period.
  240         (3) An association waives the right to collect any moneys
  241  owed in excess of the amounts specified in the estoppel
  242  certificate from any person who in good faith relies upon the
  243  estoppel certificate and from that person’s successors and
  244  assigns the date on which a request for an estoppel certificate
  245  is received from a parcel owner or mortgagee, or his or her
  246  designee, the association shall provide a certificate signed by
  247  an officer or authorized agent of the association stating all
  248  assessments and other moneys owed to the association by the
  249  parcel owner or mortgagee with respect to the parcel. An
  250  association may charge a fee for the preparation of such
  251  certificate, and the amount of such fee must be stated on the
  252  certificate.
  253         (1) Any person other than a parcel owner who relies upon a
  254  certificate receives the benefits and protection thereof.
  255         (4)(2) A summary proceeding pursuant to s. 51.011 may be
  256  brought to compel compliance with this section, and the
  257  prevailing party is entitled to recover reasonable attorney
  258  attorney’s fees.
  259         (5)(a) An association or its agent may charge a fee, which
  260  may not exceed its reasonable costs to prepare and deliver the
  261  estoppel certificate. However, the fee for the estoppel
  262  certificate may not exceed $200 if on the date the certificate
  263  is issued, no delinquent amounts are owed to the association for
  264  the applicable parcel. If an estoppel certificate is requested
  265  on an expedited basis and delivered within 3 business days after
  266  the request, the association may charge an additional fee of
  267  $100. If delinquent amounts are owed to the association for the
  268  applicable parcel, an additional fee for the certificate may not
  269  exceed $200. The association may not charge a fee for an
  270  estoppel certificate that is issued more than 10 business days
  271  after it receives the request for the certificate. The maximum
  272  allowable fees charged in accordance with this section shall be
  273  adjusted every 3 years in an amount equal to the annual
  274  increases for that 3-year period in the Consumer Price Index for
  275  All Urban Consumers, U.S. City Average, all items.
  276         (b) If the estoppel certificate is requested in conjunction
  277  with the sale or refinancing of a parcel, the fee for the
  278  certificate shall be paid to the association from the closing or
  279  settlement proceeds. If the closing does not occur, the fee for
  280  the certificate is the obligation of the parcel owner, and the
  281  association may collect the fee in the same manner as an
  282  assessment against the parcel. An association may not require
  283  the payment of any other fees as a condition for the preparation
  284  or delivery of an estoppel certificate.
  285         (6)(3) The authority to charge a fee for the estoppel
  286  certificate must shall be established by a written resolution
  287  adopted by the board or provided by a written management,
  288  bookkeeping, or maintenance contract and is payable upon the
  289  preparation of the certificate. If the certificate is requested
  290  in conjunction with the sale or mortgage of a parcel but the
  291  closing does not occur and no later than 30 days after the
  292  closing date for which the certificate was sought the preparer
  293  receives a written request, accompanied by reasonable
  294  documentation, that the sale did not occur from a payor that is
  295  not the parcel owner, the fee shall be refunded to that payor
  296  within 30 days after receipt of the request. The refund is the
  297  obligation of the parcel owner, and the association may collect
  298  it from that owner in the same manner as an assessment as
  299  provided in this section.
  300         Section 4. This act shall take effect July 1, 2015.