Florida Senate - 2017                                     SB 398
       
       
        
       By Senator Passidomo
       
       28-00324A-17                                           2017398__
    1                        A bill to be entitled                      
    2         An act relating to estoppel certificates; amending ss.
    3         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 a
    6         condominium, cooperative, or homeowners’ association
    7         to designate a street or e-mail address on its website
    8         for estoppel certificate requests; specifying delivery
    9         requirements for an estoppel certificate; requiring
   10         that an estoppel certificate contain certain
   11         information; providing an effective period for an
   12         estoppel certificate based upon the date of issuance
   13         and form of delivery; providing that an association
   14         waives a specified claim against a person or such
   15         person’s successors or assigns who in good faith rely
   16         on the estoppel certificate; prohibiting an
   17         association from charging a preparation and delivery
   18         fee or making certain claims if it fails to deliver an
   19         estoppel certificate within certain timeframes;
   20         revising fee requirements for preparing and delivering
   21         an estoppel certificate under various circumstances;
   22         authorizing the statement of moneys due to be
   23         delivered in one or more estoppel certificates under
   24         certain circumstances; providing limits on a total fee
   25         charged for the preparation and delivery of estoppel
   26         certificates; requiring the fee for an estoppel
   27         certificate to be paid from specified proceeds under
   28         certain circumstances; requiring that the authority to
   29         charge a fee for the estoppel certificate be
   30         established by a specified written resolution or
   31         provided by a written management, bookkeeping, or
   32         maintenance contract; deleting obsolete provisions;
   33         conforming provisions to changes made by the act;
   34         providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Subsection (8) of section 718.116, Florida
   39  Statutes, is amended to read:
   40         718.116 Assessments; liability; lien and priority;
   41  interest; collection.—
   42         (8) Within 10 business 15 days after receiving a written or
   43  electronic request therefor from a unit owner or the unit
   44  owner’s his or her designee, or a unit mortgagee or the unit
   45  mortgagee’s his or her designee, the association shall issue the
   46  estoppel provide a certificate. Each association shall designate
   47  on its website a person or entity with a street or e-mail
   48  address for receipt of a request for an estoppel certificate
   49  issued pursuant to this section. The estoppel certificate must
   50  be provided by hand delivery, regular mail, or e-mail to the
   51  requestor on the date of issuance of the estoppel certificate
   52  signed by an officer or agent of the association stating all
   53  assessments and other moneys owed to the association by the unit
   54  owner with respect to the condominium parcel.
   55         (a) The estoppel certificate must contain all of the
   56  following information and must be substantially in the following
   57  form:
   58         1.Date of issuance:....
   59         2.Name of the unit owner(s):....
   60         3.Unit designation and address:....
   61         4. Parking or garage space number, if any:....
   62         5.Storage locker number, if any:....
   63         6.Attorney’s name and contact information if the account
   64  is delinquent and has been turned over to an attorney for
   65  collection. No fee may be charged for this information.
   66         7.Fee for the preparation and delivery of the estoppel
   67  certificate:....
   68         8.Name of the requestor:....
   69         9.Assessment information and other information:
   70  
   71                       ASSESSMENT INFORMATION:                     
   72         a.The regular periodic assessment levied against the unit
   73  is $.... per ...(insert frequency of payment)....
   74         b.The regular periodic assessment is paid through
   75  ...(insert date paid through)....
   76         c.The next installment of the regular periodic assessment
   77  is due ...(insert due date)... in the amount of $.....
   78         d.An itemized list of all assessments, special
   79  assessments, and other moneys owed on the date of issuance to
   80  the association by the unit owner for a specific unit is
   81  provided.
   82         e.An itemized list of any additional assessments, special
   83  assessments, and other moneys that are scheduled to become due
   84  for each day after the date of issuance for the effective period
   85  of the estoppel certificate is provided. In calculating the
   86  amounts that are scheduled to become due, the association may
   87  assume that any delinquent amounts will remain delinquent during
   88  the effective period of the estoppel certificate.
   89  
   90                         OTHER INFORMATION:                        
   91         f.Is there a capital contribution fee, resale fee,
   92  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
   93  specify the type and the amount of the fee.
   94         g.What is the amount, if any, of an association
   95  application fee?
   96         h.Is there a credit balance on the current account?
   97  ...(Yes)... ...(No).... If yes, provide the following
   98  information:
   99         Yes, a balance of $.... will be transferred to the new
  100  owner account.
  101         Yes, a balance of $.... will be transferred to the seller
  102  by the association.
  103         i.Is there any violation of rule or regulation noticed to
  104  the unit owner in the association official records? ...(Yes)...
  105  ...(No)....
  106         j.Is approval by the board of directors of the association
  107  required for the transfer of the unit? ...(Yes)... ...(No)....
  108         k.Do rules or regulations applicable to the unit provide
  109  for a right of first refusal in favor of the members or
  110  association? ...(Yes)... ...(No).... If yes, include applicable
  111  rules or regulations.
  112         l.Provide a list of utilities provided to the unit which
  113  are included in the assessments paid to the association.
  114         m.Provide a list of all recreational or land leases to the
  115  association affecting the unit.
  116         n.Provide a list of, and contact information for, all
  117  other associations of which the unit is a member.
  118         o.Provide a description of any pending or threatened
  119  litigation or administrative proceedings in which the
  120  association is a party or which otherwise affect the
  121  association.
  122         p.Provide contact information for all insurance maintained
  123  by the association.
  124         q. Provide the signature of an officer or authorized agent
  125  of the association.
  126  
  127  The association, at its option, may include additional
  128  information in the estoppel certificate Any person other than
  129  the owner who relies upon such certificate shall be protected
  130  thereby.
  131         (b)An estoppel certificate that is hand delivered or sent
  132  by electronic means has a 30-day effective period. An estoppel
  133  certificate that is sent by regular mail has a 35-day effective
  134  period. If additional information or a mistake related to the
  135  estoppel certificate becomes known to the association within the
  136  effective period, an amended estoppel certificate may be
  137  delivered and becomes effective if a sale or refinancing of the
  138  unit has not been completed during the effective period. A fee
  139  may not be charged for an amended estoppel certificate. An
  140  amended estoppel certificate must be delivered on the date of
  141  issuance, and a new 30-day or 35-day effective period begins on
  142  such date.
  143         (c)An association waives the right to collect any moneys
  144  owed in excess of the amounts specified in the estoppel
  145  certificate from any person who in good faith relies upon the
  146  estoppel certificate and from the person’s successors and
  147  assigns.
  148         (d)If an association receives a request for an estoppel
  149  certificate from a unit owner or the unit owner’s designee, or a
  150  unit mortgagee or the unit mortgagee’s designee, and fails to
  151  deliver the estoppel certificate within 10 business days, a fee
  152  may not be charged for the preparation and delivery of that
  153  estoppel certificate. If the association fails to deliver the
  154  estoppel certificate within 15 business days, the association
  155  waives any claim, including a claim for a lien against the unit,
  156  against a purchaser and mortgagee of the unit who would have
  157  relied on the estoppel certificate, and the purchaser’s and
  158  mortgagee’s successors and assigns, for any amount that is owed
  159  to the association through the date of closing and that should
  160  have been shown on the estoppel certificate.
  161         (e)(b) A summary proceeding pursuant to s. 51.011 may be
  162  brought to compel compliance with this subsection, and in any
  163  such action the prevailing party is entitled to recover
  164  reasonable attorney attorney’s fees.
  165         (f)(c) Notwithstanding any limitation on transfer fees
  166  contained in s. 718.112(2)(i), an the association or its
  167  authorized agent may charge a reasonable fee for the preparation
  168  and delivery of an estoppel certificate, which may not exceed
  169  $200 if, on the date the certificate is issued, no delinquent
  170  amounts are owed to the association for the applicable unit. If
  171  an estoppel certificate is requested on an expedited basis and
  172  delivered within 3 business days after the request, the
  173  association may charge an additional fee of $100. If a
  174  delinquent amount is owed to the association for the applicable
  175  unit, an additional fee for the estoppel certificate may not
  176  exceed $200 for the preparation of the certificate. The amount
  177  of the fee must be included on the certificate.
  178         (g)1. If estoppel certificates for multiple units owned by
  179  the same owner are simultaneously requested from the same
  180  association and there are no past due monetary obligations owed
  181  to the association, the statement of moneys due for those units
  182  may be delivered in one or more estoppel certificates, and, even
  183  though the fee for each unit shall be computed as set forth in
  184  paragraph (f), the total fee that the association may charge for
  185  the preparation and delivery of the estoppel certificates may
  186  not exceed, in the aggregate:
  187         a.For 25 or fewer units, $750.
  188         b.For 26 to 50 units, $1,000.
  189         c.For 51 to 100 units, $1,500.
  190         d.For more than 100 units, $2,500.
  191         2.If an estoppel certificate is requested in conjunction
  192  with the sale or refinancing of a unit, the fee for the
  193  preparation and delivery of the estoppel certificate shall be
  194  paid to the association from the closing or settlement proceeds.
  195  If the closing does not occur, the fee for the preparation and
  196  delivery of the estoppel certificate remains the obligation of
  197  the unit owner, and the association may collect the fee in the
  198  same manner as an assessment against the unit. An association
  199  may not require the payment of any other fee as a condition for
  200  the preparation or delivery of an estoppel certificate.
  201         (h)(d) The authority to charge a fee for the preparation
  202  and delivery of the estoppel certificate must shall be
  203  established by a written resolution adopted by the board or
  204  provided by a written management, bookkeeping, or maintenance
  205  contract and is payable upon the preparation of the certificate.
  206  If the certificate is requested in conjunction with the sale or
  207  mortgage of a unit but the closing does not occur and no later
  208  than 30 days after the closing date for which the certificate
  209  was sought the preparer receives a written request, accompanied
  210  by reasonable documentation, that the sale did not occur from a
  211  payor that is not the unit owner, the fee shall be refunded to
  212  that payor within 30 days after receipt of the request. The
  213  refund is the obligation of the unit owner, and the association
  214  may collect it from that owner in the same manner as an
  215  assessment as provided in this section.
  216         Section 2. Subsection (6) of section 719.108, Florida
  217  Statutes, is amended to read:
  218         719.108 Rents and assessments; liability; lien and
  219  priority; interest; collection; cooperative ownership.—
  220         (6) Within 10 business 15 days after receiving a written or
  221  electronic request for an estoppel certificate from a unit owner
  222  or the unit owner’s designee, or a unit mortgagee or the unit
  223  mortgagee’s designee, the association shall issue the estoppel
  224  certificate. Each association shall designate on its website a
  225  person or entity with a street or e-mail address for receipt of
  226  a request for an estoppel certificate issued pursuant to this
  227  section. The estoppel certificate must be provided by hand
  228  delivery, regular mail, or e-mail to the requestor on the date
  229  of issuance of the estoppel certificate.
  230         (a) The estoppel certificate must contain all of the
  231  following information and must be substantially in the following
  232  form:
  233         1.Date of issuance:....
  234         2.Name of the unit owner(s):....
  235         3.Unit designation and address:....
  236         4.Parking or garage space number, if any:....
  237         5. Storage locker number, if any:....
  238         6.Attorney’s name and contact information if the account
  239  is delinquent and has been turned over to an attorney for
  240  collection. No fee may be charged for this information.
  241         7.Fee for the preparation and delivery of the estoppel
  242  certificate:....
  243         8. Name of the requestor:....
  244         9. Assessment information and other information:
  245  
  246                       ASSESSMENT INFORMATION:                     
  247         a.The regular periodic assessment levied against the unit
  248  is $.... per ...(insert frequency of payment)....
  249         b.The regular periodic assessment is paid through
  250  ...(insert date paid through)....
  251         c.The next installment of the regular periodic assessment
  252  is due...(insert due date)... in the amount of $.....
  253         d.An itemized list of all assessments, special
  254  assessments, and other moneys owed by the unit owner on the date
  255  of issuance to the association for a specific unit is provided.
  256         e.An itemized list of any additional assessments, special
  257  assessments, and other moneys that are scheduled to become due
  258  for each day after the date of issuance for the effective period
  259  of the estoppel certificate is provided. In calculating the
  260  amounts that are scheduled to become due, the association may
  261  assume that any delinquent amounts will remain delinquent during
  262  the effective period of the estoppel certificate.
  263  
  264                         OTHER INFORMATION:                        
  265         f.Is there a capital contribution fee, resale fee,
  266  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  267  specify the type and amount of the fee.
  268         g.What is the amount, if any, of an association
  269  application fee?
  270         h.Is there a credit balance on the current account?
  271  ...(Yes)... ...(No).... If yes, provide the following
  272  information:
  273         Yes, a balance of $.... will be transferred to the new
  274  owner account.
  275         Yes, a balance of $.... will be transferred to the seller
  276  by the association.
  277         i.Is there any violation of rule or regulation noticed to
  278  the unit owner in the association official records? ...(Yes)...
  279  ...(No)....
  280         j.Is approval by the board of directors of the association
  281  required for the transfer of the unit? ...Yes... ...(No)....
  282         k.Do rules or regulations applicable to the unit provide
  283  for a right of first refusal in favor of the members or
  284  association? ...(Yes)... ...(No).... If yes, include applicable
  285  rules or regulations.
  286         l.Provide a list of utilities provided to the unit which
  287  are included in the assessments paid to the association.
  288         m.Provide a list of all recreational or land leases to the
  289  association affecting the unit.
  290         n.Provide a list of, and contact information for, all
  291  other associations of which the unit is a member.
  292         o.Provide a description of any pending or threatened
  293  litigation or administrative proceedings in which the
  294  association is a party or which otherwise affect the
  295  association.
  296         p.Provide contact information for all insurance maintained
  297  by the association.
  298         q. Provide the signature of an officer or authorized agent
  299  of the association.
  300  
  301  The association, at its option, may include additional
  302  information in the estoppel certificate.
  303         (b)An estoppel certificate that is hand delivered or sent
  304  by electronic means has a 30-day effective period. An estoppel
  305  certificate that is sent by regular mail has a 35-day effective
  306  period. If additional information or a mistake related to the
  307  estoppel certificate becomes known to the association within the
  308  effective period, an amended estoppel certificate may be
  309  delivered and becomes effective if a sale or refinancing of the
  310  unit has not been completed during the effective period. A fee
  311  may not be charged for an amended estoppel certificate. An
  312  amended estoppel certificate must be delivered on the date of
  313  issuance, and a new 30-day or 35-day effective period begins on
  314  such date.
  315         (c)An association waives the right to collect any moneys
  316  owed in excess of the amounts specified in the estoppel
  317  certificate from any person who in good faith relies upon the
  318  estoppel certificate and from the person’s successors and
  319  assigns.
  320         (d)If an association receives a request for an estoppel
  321  certificate from a unit owner or the unit owner’s designee, or a
  322  unit mortgagee or the unit mortgagee’s designee, and fails to
  323  deliver the estoppel certificate within 10 business days, a fee
  324  may not be charged for the preparation and delivery of that
  325  estoppel certificate. If the association fails to deliver the
  326  estoppel certificate within 15 business days, the association
  327  waives any claim, including a claim for a lien against the unit,
  328  against a purchaser and mortgagee of the unit who would have
  329  relied on the estoppel certificate, and the purchaser’s and
  330  mortgagee’s successors and assigns, for any amount that is owed
  331  to the association through the date of closing and that should
  332  have been shown on the estoppel certificate.
  333         (e) A summary proceeding pursuant to s. 51.011 may be
  334  brought to compel compliance with this subsection, and in any
  335  such action the prevailing party is entitled to recover
  336  reasonable attorney fees.
  337         (f)Notwithstanding any limitation on transfer fees
  338  contained in s. 719.106(1)(i), an association or its authorized
  339  agent may charge a reasonable fee for the preparation and
  340  delivery of an estoppel certificate, which may not exceed $200
  341  if, on the date the certificate is issued, no delinquent amounts
  342  are owed to the association for the applicable unit. If an
  343  estoppel certificate is requested on an expedited basis and
  344  delivered within 3 business days after the request, the
  345  association may charge an additional fee of $100. If a
  346  delinquent amount is owed to the association for the applicable
  347  unit, an additional fee for the estoppel certificate may not
  348  exceed $200.
  349         (g)1. If estoppel certificates for multiple units owned by
  350  the same owner are simultaneously requested from the same
  351  association and there are no past due monetary obligations owed
  352  to the association, the statement of moneys due for those units
  353  may be delivered in one or more estoppel certificates, and, even
  354  though the fee for each unit shall be computed as set forth in
  355  paragraph (f), the total fee that the association may charge for
  356  the preparation and delivery of the estoppel certificates may
  357  not exceed, in the aggregate:
  358         a.For 25 or fewer units, $750.
  359         b.For 26 to 50 units, $1,000.
  360         c.For 51 to 100 units, $1,500.
  361         d.For more than 100 units, $2,500.
  362         2.If an estoppel certificate is requested in conjunction
  363  with the sale or refinancing of a unit, the fee for the
  364  preparation and delivery of the estoppel certificate shall be
  365  paid to the association from the closing or settlement proceeds.
  366  If the closing does not occur, the fee for the preparation and
  367  delivery of the estoppel certificate remains the obligation of
  368  the unit owner, and the association may collect the fee in the
  369  same manner as an assessment against the unit. An association
  370  may not require the payment of any other fee as a condition for
  371  the preparation or delivery of an estoppel certificate.
  372         (h)The authority to charge a fee for the preparation and
  373  delivery of the estoppel certificate must be established by a
  374  written resolution adopted by the board or provided by a written
  375  management, bookkeeping, or maintenance contract by a unit owner
  376  or mortgagee, the association shall provide a certificate
  377  stating all assessments and other moneys owed to the association
  378  by the unit owner with respect to the cooperative parcel. Any
  379  person other than the unit owner who relies upon such
  380  certificate shall be protected thereby. Notwithstanding any
  381  limitation on transfer fees contained in s. 719.106(1)(i), the
  382  association or its authorized agent may charge a reasonable fee
  383  for the preparation of the certificate.
  384         Section 3. Section 720.30851, Florida Statutes, is amended
  385  to read:
  386         720.30851 Estoppel certificates.—Within 10 business 15 days
  387  after receiving a written or electronic the date on which a
  388  request for an estoppel certificate from a parcel owner or the
  389  parcel owner’s designee, or a parcel mortgagee or the parcel
  390  mortgagee’s designee, the association shall issue the estoppel
  391  certificate. Each association shall designate on its website a
  392  person or entity with a street or e-mail address for receipt of
  393  a request for an estoppel certificate issued pursuant to this
  394  section. The estoppel certificate must be provided by hand
  395  delivery, regular mail, or e-mail to the requestor on the date
  396  of issuance of the estoppel certificate.
  397         (1) The estoppel certificate must contain all of the
  398  following information and must be substantially in the following
  399  form:
  400         (a)Date of issuance:....
  401         (b)Name of the parcel owner(s):....
  402         (c)Parcel designation and address:....
  403         (d) Parking or garage space number, if any:....
  404         (e)Storage locker number, if any:....
  405         (f)Attorney’s name and contact information if the account
  406  is delinquent and has been turned over to an attorney for
  407  collection. No fee may be charged for this information.
  408         (g)Fee for the preparation and delivery of the estoppel
  409  certificate:....
  410         (h) Name of the requestor:....
  411         (i) Assessment information and other information:
  412  
  413                       ASSESSMENT INFORMATION:                     
  414         1.The regular periodic assessment levied against the
  415  parcel is $.... per ...(insert frequency of payment)....
  416         2.The regular periodic assessment is paid through
  417  ...(insert date paid through)....
  418         3.The next installment of the regular periodic assessment
  419  is due ...(insert due date)... in the amount of $.....
  420         4.An itemized list of all assessments, special
  421  assessments, and other moneys owed on the date of issuance to
  422  the association by the parcel owner for a specific parcel is
  423  provided.
  424         5.An itemized list of any additional assessments, special
  425  assessments, and other moneys that are scheduled to become due
  426  for each day after the date of issuance for the effective period
  427  of the estoppel certificate is provided. In calculating the
  428  amounts that are scheduled to become due, the association may
  429  assume that any delinquent amounts will remain delinquent during
  430  the effective period of the estoppel certificate.
  431  
  432                         OTHER INFORMATION:                        
  433         6.Is there a capital contribution fee, resale fee,
  434  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  435  specify the type and amount of the fee.
  436         7.What is the amount, if any, of an association
  437  application fee?
  438         8.Is there a credit balance on the current account?
  439  ...(Yes)... ...(No).... If yes, provide the following
  440  information:
  441         Yes, a balance of $.... will be transferred to the new
  442  owner account.
  443         Yes, a balance of $.... will be transferred to the seller
  444  by the association.
  445         9.Is there any violation of rule or regulation noticed to
  446  the parcel owner in the association official records?
  447  ...(Yes)... ...(No)....
  448         10.Is approval by the board of directors of the
  449  association required for the transfer of the parcel? ...(Yes)...
  450  ...(No)....
  451         11.Do rules or regulations applicable to the parcel
  452  provide for a right of first refusal in favor of the members or
  453  association? ...(Yes)... ...(No).... If yes, include applicable
  454  rules or regulations.
  455         12.Provide a list of utilities provided to the parcel
  456  which are included in the assessments paid to the association.
  457         13.Provide a list of all recreational or land leases to
  458  the association affecting the parcel.
  459         14.Provide a list of, and contact information for, all
  460  other associations of which the parcel is a member.
  461         15.Provide a description of any pending or threatened
  462  litigation or administrative proceedings in which the
  463  association is a party or which otherwise affect the
  464  association.
  465         16.Provide contact information for all insurance
  466  maintained by the association.
  467         17. Provide the signature of an officer or authorized agent
  468  of the association.
  469  
  470  The association, at its option, may include additional
  471  information in the estoppel certificate.
  472         (2)An estoppel certificate that is hand delivered or sent
  473  by electronic means has a 30-day effective period. An estoppel
  474  certificate that is sent by regular mail has a 35-day effective
  475  period. If additional information or a mistake related to the
  476  estoppel certificate becomes known to the association within the
  477  effective period, an amended estoppel certificate may be
  478  delivered and becomes effective if a sale or refinancing of the
  479  parcel has not been completed during the effective period. A fee
  480  may not be charged for an amended estoppel certificate. An
  481  amended estoppel certificate must be delivered on the date of
  482  issuance, and a new 30-day or 35-day effective period begins on
  483  such date.
  484         (3)An association waives the right to collect any moneys
  485  owed in excess of the amounts specified in the estoppel
  486  certificate from any person who in good faith relies upon the
  487  estoppel certificate and from the person’s successors and
  488  assigns.
  489         (4)If an association receives a request for an estoppel
  490  certificate from a parcel owner or the parcel owner’s designee,
  491  or a parcel mortgagee or the parcel mortgagee’s designee, and
  492  fails to deliver an estoppel certificate within 10 business
  493  days, a fee may not be charged for the preparation and delivery
  494  of that estoppel certificate. If the association fails to
  495  deliver the estoppel certificate within 15 business days, the
  496  association waives any claim, including a claim for a lien
  497  against the parcel, against a purchaser and mortgagee of the
  498  parcel who would have relied on the estoppel certificate, and
  499  the purchaser’s and mortgagee’s successors and assigns, for any
  500  amount that is owed to the association through the date of
  501  closing and that should have been shown on the estoppel
  502  certificate for an estoppel certificate is received from a
  503  parcel owner or mortgagee, or his or her designee, the
  504  association shall provide a certificate signed by an officer or
  505  authorized agent of the association stating all assessments and
  506  other moneys owed to the association by the parcel owner or
  507  mortgagee with respect to the parcel. An association may charge
  508  a fee for the preparation of such certificate, and the amount of
  509  such fee must be stated on the certificate.
  510         (1) Any person other than a parcel owner who relies upon a
  511  certificate receives the benefits and protection thereof.
  512         (5)(2) A summary proceeding pursuant to s. 51.011 may be
  513  brought to compel compliance with this section, and the
  514  prevailing party is entitled to recover reasonable attorney
  515  attorney’s fees.
  516         (6)An association or its authorized agent may charge a
  517  reasonable fee for the preparation and delivery of an estoppel
  518  certificate, which may not exceed $200 if on the date the
  519  certificate is issued, no delinquent amounts are owed to the
  520  association for the applicable parcel. If an estoppel
  521  certificate is requested on an expedited basis and delivered
  522  within 3 business days after the request, the association may
  523  charge an additional fee of $100. If a delinquent amount is owed
  524  to the association for the applicable parcel, an additional fee
  525  for the estoppel certificate may not exceed $200.
  526         (7)(a) If estoppel certificates for multiple parcels owned
  527  by the same owner are simultaneously requested from the same
  528  association and there are no past due monetary obligations owed
  529  to the association, the statement of moneys due for those
  530  parcels may be delivered in one or more estoppel certificates,
  531  and, even though the fee for each parcel shall be computed as
  532  set forth in subsection (6), the total fee that the association
  533  may charge for the preparation and delivery of the estoppel
  534  certificates may not exceed, in the aggregate:
  535         1.For 25 or fewer parcels, $750.
  536         2.For 26 to 50 parcels, $1,000.
  537         3.For 51 to 100 parcels, $1,500.
  538         4.For more than 100 parcels, $2,500.
  539         (b)If an estoppel certificate is requested in conjunction
  540  with the sale or refinancing of a parcel, the fee for the
  541  preparation and delivery of the estoppel certificate shall be
  542  paid to the association from the closing or settlement proceeds.
  543  If the closing does not occur, the fee for the preparation and
  544  delivery of the estoppel certificate remains the obligation of
  545  the parcel owner, and the association may collect the fee in the
  546  same manner as an assessment against the parcel. An association
  547  may not require the payment of any other fee as a condition for
  548  the preparation or delivery of an estoppel certificate.
  549         (8)(3) The authority to charge a fee for the preparation
  550  and delivery of the estoppel certificate must shall be
  551  established by a written resolution adopted by the board or
  552  provided by a written management, bookkeeping, or maintenance
  553  contract and is payable upon the preparation of the certificate.
  554  If the certificate is requested in conjunction with the sale or
  555  mortgage of a parcel but the closing does not occur and no later
  556  than 30 days after the closing date for which the certificate
  557  was sought the preparer receives a written request, accompanied
  558  by reasonable documentation, that the sale did not occur from a
  559  payor that is not the parcel owner, the fee shall be refunded to
  560  that payor within 30 days after receipt of the request. The
  561  refund is the obligation of the parcel owner, and the
  562  association may collect it from that owner in the same manner as
  563  an assessment as provided in this section.
  564         Section 4. This act shall take effect July 1, 2017.