Florida Senate - 2017                CS for CS for CS for SB 398
       
       
        
       By the Committees on Rules; Judiciary; and Regulated Industries;
       and Senators Passidomo and Perry
       
       
       
       
       595-03066-17                                           2017398c3
    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; authorizing
   10         an estoppel certificate to be completed by specified
   11         persons; requiring that an estoppel certificate
   12         contain certain information; providing an effective
   13         period for an estoppel certificate based upon the date
   14         of issuance and form of delivery; prohibiting an
   15         association from charging a preparation and delivery
   16         fee or making certain claims if it fails to deliver an
   17         estoppel certificate within certain timeframes;
   18         revising fee requirements for preparing and delivering
   19         an estoppel certificate under various circumstances;
   20         authorizing the statement of moneys due to be
   21         delivered in one or more estoppel certificates under
   22         certain circumstances; providing limits on a total fee
   23         charged for the preparation and delivery of estoppel
   24         certificates; requiring that the authority to charge a
   25         fee for the preparation and delivery of estoppel
   26         certificates be established by a specified written
   27         resolution or provided by a certain type of contract;
   28         providing that the right to reimbursement may not be
   29         waived or modified by a contract or agreement;
   30         requiring that the prevailing party in an action to
   31         enforce a right to reimbursement be awarded certain
   32         damages, fees, and costs; requiring that certain fees
   33         be adjusted every certain number of years using a
   34         specified price index; requiring the Department of
   35         Business and Professional Regulation to periodically
   36         calculate the fees and publish the amounts on its
   37         website, subject to certain requirements; conforming
   38         provisions to changes made by the act; providing an
   39         effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Subsection (8) of section 718.116, Florida
   44  Statutes, is amended to read:
   45         718.116 Assessments; liability; lien and priority;
   46  interest; collection.—
   47         (8) Within 10 business 15 days after receiving a written or
   48  electronic request therefor from a unit owner or the unit
   49  owner’s his or her designee, or a unit mortgagee or the unit
   50  mortgagee’s his or her designee, the association shall issue the
   51  estoppel provide a certificate. Each association shall designate
   52  on its website a person or entity with a street or e-mail
   53  address for receipt of a request for an estoppel certificate
   54  issued pursuant to this section. The estoppel certificate must
   55  be provided by hand delivery, regular mail, or e-mail to the
   56  requestor on the date of issuance of the estoppel certificate
   57  signed by an officer or agent of the association stating all
   58  assessments and other moneys owed to the association by the unit
   59  owner with respect to the condominium parcel.
   60         (a) An estoppel certificate may be completed by any board
   61  member, authorized agent, or authorized representative of the
   62  association, including any authorized agent, authorized
   63  representative, or employee of a management company authorized
   64  to complete this form on behalf of the board or association. The
   65  estoppel certificate must contain all of the following
   66  information and must be substantially in the following form:
   67         1.Date of issuance:....
   68         2.Name(s) of the unit owner(s) as reflected in the books
   69  and records of the association:....
   70         3.Unit designation and address:....
   71         4. Parking or garage space number, as reflected in the
   72  books and records of the association:....
   73         5.Attorney’s name and contact information if the account
   74  is delinquent and has been turned over to an attorney for
   75  collection. No fee may be charged for this information.
   76         6.Fee for the preparation and delivery of the estoppel
   77  certificate:....
   78         7.Name of the requestor:....
   79         8.Assessment information and other information:
   80  
   81                       ASSESSMENT INFORMATION:                     
   82         a.The regular periodic assessment levied against the unit
   83  is $.... per ...(insert frequency of payment)....
   84         b.The regular periodic assessment is paid through
   85  ...(insert date paid through)....
   86         c.The next installment of the regular periodic assessment
   87  is due ...(insert due date)... in the amount of $.....
   88         d.An itemized list of all assessments, special
   89  assessments, and other moneys owed on the date of issuance to
   90  the association by the unit owner for a specific unit is
   91  provided.
   92         e.An itemized list of any additional assessments, special
   93  assessments, and other moneys that are scheduled to become due
   94  for each day after the date of issuance for the effective period
   95  of the estoppel certificate is provided. In calculating the
   96  amounts that are scheduled to become due, the association may
   97  assume that any delinquent amounts will remain delinquent during
   98  the effective period of the estoppel certificate.
   99  
  100                         OTHER INFORMATION:                        
  101         f.Is there a capital contribution fee, resale fee,
  102  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  103  specify the type and the amount of the fee.
  104         g.Is there any open violation of rule or regulation
  105  noticed to the unit owner in the association official records?
  106  ...(Yes)... ...(No)....
  107         h.Do the rules and regulations of the association
  108  applicable to the unit require approval by the board of
  109  directors of the association for the transfer of the unit?
  110  ...(Yes)... ...(No).... If yes, has the board approved the
  111  transfer of the unit? ...(Yes)... ...(No)....
  112         i.Is there a right of first refusal provided to the
  113  members or the association? ...(Yes)... ...(No).... If yes, have
  114  the members or the association exercised that right of first
  115  refusal? ...(Yes)... ...(No)....
  116         j.Provide a list of, and contact information for, all
  117  other associations of which the unit is a member.
  118         k.Provide contact information for all insurance maintained
  119  by the association.
  120         l. Provide the signature of an officer or authorized agent
  121  of the association.
  122  
  123  The association, at its option, may include additional
  124  information in the estoppel Any person other than the owner who
  125  relies upon such certificate shall be protected thereby.
  126         (b)An estoppel certificate that is hand delivered or sent
  127  by electronic means has a 30-day effective period. An estoppel
  128  certificate that is sent by regular mail has a 35-day effective
  129  period. If additional information or a mistake related to the
  130  estoppel certificate becomes known to the association within the
  131  effective period, an amended estoppel certificate may be
  132  delivered and becomes effective if a sale or refinancing of the
  133  unit has not been completed during the effective period. A fee
  134  may not be charged for an amended estoppel certificate. An
  135  amended estoppel certificate must be delivered on the date of
  136  issuance, and a new 30-day or 35-day effective period begins on
  137  such date.
  138         (c)An association waives the right to collect any moneys
  139  owed in excess of the amounts specified in the estoppel
  140  certificate from any person who in good faith relies upon the
  141  estoppel certificate and from the person’s successors and
  142  assigns.
  143         (d)If an association receives a request for an estoppel
  144  certificate from a unit owner or the unit owner’s designee, or a
  145  unit mortgagee or the unit mortgagee’s designee, and fails to
  146  deliver the estoppel certificate within 10 business days, a fee
  147  may not be charged for the preparation and delivery of that
  148  estoppel certificate.
  149         (e)(b) A summary proceeding pursuant to s. 51.011 may be
  150  brought to compel compliance with this subsection, and in any
  151  such action the prevailing party is entitled to recover
  152  reasonable attorney attorney’s fees.
  153         (f)(c) Notwithstanding any limitation on transfer fees
  154  contained in s. 718.112(2)(i), an the association or its
  155  authorized agent may charge a reasonable fee for the preparation
  156  and delivery of an estoppel certificate, which may not exceed
  157  $250, if, on the date the certificate is issued, no delinquent
  158  amounts are owed to the association for the applicable unit. If
  159  an estoppel certificate is requested on an expedited basis and
  160  delivered within 3 business days after the request, the
  161  association may charge an additional fee of $100. If a
  162  delinquent amount is owed to the association for the applicable
  163  unit, an additional fee for the estoppel certificate may not
  164  exceed $150 for the preparation of the certificate. The amount
  165  of the fee must be included on the certificate.
  166         (g)If estoppel certificates for multiple units owned by
  167  the same owner are simultaneously requested from the same
  168  association and there are no past due monetary obligations owed
  169  to the association, the statement of moneys due for those units
  170  may be delivered in one or more estoppel certificates, and, even
  171  though the fee for each unit shall be computed as set forth in
  172  paragraph (f), the total fee that the association may charge for
  173  the preparation and delivery of the estoppel certificates may
  174  not exceed, in the aggregate:
  175         1.For 25 or fewer units, $750.
  176         2.For 26 to 50 units, $1,000.
  177         3.For 51 to 100 units, $1,500.
  178         4.For more than 100 units, $2,500.
  179         (h)(d) The authority to charge a fee for the preparation
  180  and delivery of the estoppel certificate must shall be
  181  established by a written resolution adopted by the board or
  182  provided by a written management, bookkeeping, or maintenance
  183  contract and is payable upon the preparation of the certificate.
  184  If the certificate is requested in conjunction with the sale or
  185  mortgage of a unit but the closing does not occur and no later
  186  than 30 days after the closing date for which the certificate
  187  was sought the preparer receives a written request, accompanied
  188  by reasonable documentation, that the sale did not occur from a
  189  payor that is not the unit owner, the fee shall be refunded to
  190  that payor within 30 days after receipt of the request. The
  191  refund is the obligation of the unit owner, and the association
  192  may collect it from that owner in the same manner as an
  193  assessment as provided in this section. The right to
  194  reimbursement may not be waived or modified by any contract or
  195  agreement. The prevailing party in any action brought to enforce
  196  a right of reimbursement shall be awarded damages and all
  197  applicable attorney fees and costs.
  198         (i) The fees specified in this subsection shall be adjusted
  199  every 5 years in an amount equal to the total of the annual
  200  increases for that 5-year period in the Consumer Price Index for
  201  All Urban Consumers, U.S. City Average, All Items. The
  202  Department of Business and Professional Regulation shall
  203  periodically calculate the fees, rounded to the nearest dollar,
  204  and publish the amounts, as adjusted, on its website.
  205         Section 2. Subsection (6) of section 719.108, Florida
  206  Statutes, is amended to read:
  207         719.108 Rents and assessments; liability; lien and
  208  priority; interest; collection; cooperative ownership.—
  209         (6) Within 10 business 15 days after receiving a written or
  210  electronic request for an estoppel certificate from a unit owner
  211  or the unit owner’s designee, or a unit mortgagee or the unit
  212  mortgagee’s designee, the association shall issue the estoppel
  213  certificate. Each association shall designate on its website a
  214  person or entity with a street or e-mail address for receipt of
  215  a request for an estoppel certificate issued pursuant to this
  216  section. The estoppel certificate must be provided by hand
  217  delivery, regular mail, or e-mail to the requestor on the date
  218  of issuance of the estoppel certificate.
  219         (a) An estoppel certificate may be completed by any board
  220  member, authorized agent, or authorized representative of the
  221  association, including any authorized agent, authorized
  222  representative, or employee of a management company authorized
  223  to complete this form on behalf of the board or association. The
  224  estoppel certificate must contain all of the following
  225  information and must be substantially in the following form:
  226         1.Date of issuance:....
  227         2.Name(s) of the unit owner(s) as reflected in the books
  228  and records of the association:....
  229         3.Unit designation and address:....
  230         4.Parking or garage space number, as reflected in the
  231  books and records of the association:....
  232         5.Attorney’s name and contact information if the account
  233  is delinquent and has been turned over to an attorney for
  234  collection. No fee may be charged for this information.
  235         6.Fee for the preparation and delivery of the estoppel
  236  certificate:....
  237         7. Name of the requestor:....
  238         8. Assessment information and other information:
  239  
  240                       ASSESSMENT INFORMATION:                     
  241         a.The regular periodic assessment levied against the unit
  242  is $.... per ...(insert frequency of payment)....
  243         b.The regular periodic assessment is paid through
  244  ...(insert date paid through)....
  245         c.The next installment of the regular periodic assessment
  246  is due ...(insert due date)... in the amount of $.....
  247         d.An itemized list of all assessments, special
  248  assessments, and other moneys owed by the unit owner on the date
  249  of issuance to the association for a specific unit is provided.
  250         e.An itemized list of any additional assessments, special
  251  assessments, and other moneys that are scheduled to become due
  252  for each day after the date of issuance for the effective period
  253  of the estoppel certificate is provided. In calculating the
  254  amounts that are scheduled to become due, the association may
  255  assume that any delinquent amounts will remain delinquent during
  256  the effective period of the estoppel certificate.
  257  
  258                         OTHER INFORMATION:                        
  259         f.Is there a capital contribution fee, resale fee,
  260  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  261  specify the type and amount of the fee.
  262         g.Is there any open violation of rule or regulation
  263  noticed to the unit owner in the association official records?
  264  ...(Yes)... ...(No)....
  265         h.Do the rules and regulations of the association
  266  applicable to the unit require approval by the board of
  267  directors of the association for the transfer of the unit?
  268  ...Yes... ...(No).... If yes, has the board approved the
  269  transfer of the unit? ...(Yes)... .. .(No)....
  270         i.Is there a right of first refusal provided to the
  271  members or the association? ...(Yes)... ...(No).... If yes, have
  272  the members or the association exercised that right of first
  273  refusal? ...(Yes)... ...(No)....
  274         j.Provide a list of, and contact information for, all
  275  other associations of which the unit is a member.
  276         k.Provide contact information for all insurance maintained
  277  by the association.
  278         l. Provide the signature of an officer or authorized agent
  279  of the association.
  280  
  281  The association, at its option, may include additional
  282  information in the estoppel certificate.
  283         (b)An estoppel certificate that is hand delivered or sent
  284  by electronic means has a 30-day effective period. An estoppel
  285  certificate that is sent by regular mail has a 35-day effective
  286  period. If additional information or a mistake related to the
  287  estoppel certificate becomes known to the association within the
  288  effective period, an amended estoppel certificate may be
  289  delivered and becomes effective if a sale or refinancing of the
  290  unit has not been completed during the effective period. A fee
  291  may not be charged for an amended estoppel certificate. An
  292  amended estoppel certificate must be delivered on the date of
  293  issuance, and a new 30-day or 35-day effective period begins on
  294  such date.
  295         (c)An association waives the right to collect any moneys
  296  owed in excess of the amounts specified in the estoppel
  297  certificate from any person who in good faith relies upon the
  298  estoppel certificate and from the person’s successors and
  299  assigns.
  300         (d)If an association receives a request for an estoppel
  301  certificate from a unit owner or the unit owner’s designee, or a
  302  unit mortgagee or the unit mortgagee’s designee, and fails to
  303  deliver the estoppel certificate within 10 business days, a fee
  304  may not be charged for the preparation and delivery of that
  305  estoppel certificate.
  306         (e) A summary proceeding pursuant to s. 51.011 may be
  307  brought to compel compliance with this subsection, and in any
  308  such action the prevailing party is entitled to recover
  309  reasonable attorney fees.
  310         (f)Notwithstanding any limitation on transfer fees
  311  contained in s. 719.106(1)(i), an association or its authorized
  312  agent may charge a reasonable fee for the preparation and
  313  delivery of an estoppel certificate, which may not exceed $250
  314  if, on the date the certificate is issued, no delinquent amounts
  315  are owed to the association for the applicable unit. If an
  316  estoppel certificate is requested on an expedited basis and
  317  delivered within 3 business days after the request, the
  318  association may charge an additional fee of $100. If a
  319  delinquent amount is owed to the association for the applicable
  320  unit, an additional fee for the estoppel certificate may not
  321  exceed $150.
  322         (g) If estoppel certificates for multiple units owned by
  323  the same owner are simultaneously requested from the same
  324  association and there are no past due monetary obligations owed
  325  to the association, the statement of moneys due for those units
  326  may be delivered in one or more estoppel certificates, and, even
  327  though the fee for each unit shall be computed as set forth in
  328  paragraph (f), the total fee that the association may charge for
  329  the preparation and delivery of the estoppel certificates may
  330  not exceed, in the aggregate:
  331         1.For 25 or fewer units, $750.
  332         2.For 26 to 50 units, $1,000.
  333         3.For 51 to 100 units, $1,500.
  334         4.For more than 100 units, $2,500.
  335         (h)The authority to charge a fee for the preparation and
  336  delivery of the estoppel certificate must be established by a
  337  written resolution adopted by the board or provided by a written
  338  management, bookkeeping, or maintenance contract and is payable
  339  upon the preparation of the certificate. If the certificate is
  340  requested in conjunction with the sale or mortgage of a parcel
  341  but the closing does not occur and no later than 30 days after
  342  the closing date for which the certificate was sought the
  343  preparer receives a written request, accompanied by reasonable
  344  documentation, that the sale did not occur from a payor that is
  345  not the parcel owner, the fee shall be refunded to that payor
  346  within 30 days after receipt of the request. The refund is the
  347  obligation of the parcel owner, and the association may collect
  348  it from that owner in the same manner as an assessment as
  349  provided in this section. The right to reimbursement may not be
  350  waived or modified by any contract or agreement. The prevailing
  351  party in any action brought to enforce a right of reimbursement
  352  shall be awarded damages and all applicable attorney fees and
  353  costs.
  354         (i) The fees specified in this subsection shall be adjusted
  355  every 5 years in an amount equal to the total of the annual
  356  increases for that 5-year period in the Consumer Price Index for
  357  All Urban Consumers, U.S. City Average, All Items. The
  358  Department of Business and Professional Regulation shall
  359  periodically calculate the fees, rounded to the nearest dollar,
  360  and publish the amounts, as adjusted, on its website by a unit
  361  owner or mortgagee, the association shall provide a certificate
  362  stating all assessments and other moneys owed to the association
  363  by the unit owner with respect to the cooperative parcel. Any
  364  person other than the unit owner who relies upon such
  365  certificate shall be protected thereby. Notwithstanding any
  366  limitation on transfer fees contained in s. 719.106(1)(i), the
  367  association or its authorized agent may charge a reasonable fee
  368  for the preparation of the certificate.
  369         Section 3. Section 720.30851, Florida Statutes, is amended
  370  to read:
  371         720.30851 Estoppel certificates.—Within 10 business 15 days
  372  after receiving a written or electronic the date on which a
  373  request for an estoppel certificate from a parcel owner or the
  374  parcel owner’s designee, or a parcel mortgagee or the parcel
  375  mortgagee’s designee, the association shall issue the estoppel
  376  certificate. Each association shall designate on its website a
  377  person or entity with a street or e-mail address for receipt of
  378  a request for an estoppel certificate issued pursuant to this
  379  section. The estoppel certificate must be provided by hand
  380  delivery, regular mail, or e-mail to the requestor on the date
  381  of issuance of the estoppel certificate.
  382         (1) An estoppel certificate may be completed by any board
  383  member, authorized agent, or authorized representative of the
  384  association, including any authorized agent, authorized
  385  representative, or employee of a management company authorized
  386  to complete this form on behalf of the board or association. The
  387  estoppel certificate must contain all of the following
  388  information and must be substantially in the following form:
  389         (a)Date of issuance:....
  390         (b)Name(s) of the parcel owner(s) as reflected in the
  391  books and records of the association:....
  392         (c)Parcel designation and address:....
  393         (d) Parking or garage space number, as reflected in the
  394  books and records of the association:....
  395         (e)Attorney’s name and contact information if the account
  396  is delinquent and has been turned over to an attorney for
  397  collection. No fee may be charged for this information.
  398         (f)Fee for the preparation and delivery of the estoppel
  399  certificate:....
  400         (g) Name of the requestor:....
  401         (h) Assessment information and other information:
  402  
  403                       ASSESSMENT INFORMATION:                     
  404         1.The regular periodic assessment levied against the
  405  parcel is $.... per ...(insert frequency of payment)....
  406         2.The regular periodic assessment is paid through
  407  ...(insert date paid through)....
  408         3.The next installment of the regular periodic assessment
  409  is due ...(insert due date)... in the amount of $.....
  410         4.An itemized list of all assessments, special
  411  assessments, and other moneys owed on the date of issuance to
  412  the association by the parcel owner for a specific parcel is
  413  provided.
  414         5.An itemized list of any additional assessments, special
  415  assessments, and other moneys that are scheduled to become due
  416  for each day after the date of issuance for the effective period
  417  of the estoppel certificate is provided. In calculating the
  418  amounts that are scheduled to become due, the association may
  419  assume that any delinquent amounts will remain delinquent during
  420  the effective period of the estoppel certificate.
  421  
  422                         OTHER INFORMATION:                        
  423         6.Is there a capital contribution fee, resale fee,
  424  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  425  specify the type and amount of the fee.
  426         7.Is there any open violation of rule or regulation
  427  noticed to the parcel owner in the association official records?
  428  ...(Yes)... ...(No)....
  429         8.Do the rules and regulations of the association
  430  applicable to the parcel require approval by the board of
  431  directors of the association for the transfer of the parcel?
  432  ...(Yes)... ...(No).... If yes, has the board approved the
  433  transfer of the parcel? ...(Yes)... ...(No)....
  434         9.Is there a right of first refusal provided to the
  435  members or the association? ...(Yes)... ...(No).... If yes, have
  436  the members or the association exercised that right of first
  437  refusal? ...(Yes)... ...(No)....
  438         10.Provide a list of, and contact information for, all
  439  other associations of which the parcel is a member.
  440         11.Provide contact information for all insurance
  441  maintained by the association.
  442         12. Provide the signature of an officer or authorized agent
  443  of the association.
  444  
  445  The association, at its option, may include additional
  446  information in the estoppel certificate.
  447         (2)An estoppel certificate that is hand delivered or sent
  448  by electronic means has a 30-day effective period. An estoppel
  449  certificate that is sent by regular mail has a 35-day effective
  450  period. If additional information or a mistake related to the
  451  estoppel certificate becomes known to the association within the
  452  effective period, an amended estoppel certificate may be
  453  delivered and becomes effective if a sale or refinancing of the
  454  parcel has not been completed during the effective period. A fee
  455  may not be charged for an amended estoppel certificate. An
  456  amended estoppel certificate must be delivered on the date of
  457  issuance, and a new 30-day or 35-day effective period begins on
  458  such date.
  459         (3)An association waives the right to collect any moneys
  460  owed in excess of the amounts specified in the estoppel
  461  certificate from any person who in good faith relies upon the
  462  estoppel certificate and from the person’s successors and
  463  assigns.
  464         (4)If an association receives a request for an estoppel
  465  certificate from a parcel owner or the parcel owner’s designee,
  466  or a parcel mortgagee or the parcel mortgagee’s designee, and
  467  fails to deliver the estoppel certificate within 10 business
  468  days, a fee may not be charged for the preparation and delivery
  469  of that estoppel certificate for an estoppel certificate is
  470  received from a parcel owner or mortgagee, or his or her
  471  designee, the association shall provide a certificate signed by
  472  an officer or authorized agent of the association stating all
  473  assessments and other moneys owed to the association by the
  474  parcel owner or mortgagee with respect to the parcel. An
  475  association may charge a fee for the preparation of such
  476  certificate, and the amount of such fee must be stated on the
  477  certificate.
  478         (1) Any person other than a parcel owner who relies upon a
  479  certificate receives the benefits and protection thereof.
  480         (5)(2) A summary proceeding pursuant to s. 51.011 may be
  481  brought to compel compliance with this section, and the
  482  prevailing party is entitled to recover reasonable attorney
  483  attorney’s fees.
  484         (6)An association or its authorized agent may charge a
  485  reasonable fee for the preparation and delivery of an estoppel
  486  certificate, which may not exceed $250, if, on the date the
  487  certificate is issued, no delinquent amounts are owed to the
  488  association for the applicable parcel. If an estoppel
  489  certificate is requested on an expedited basis and delivered
  490  within 3 business days after the request, the association may
  491  charge an additional fee of $100. If a delinquent amount is owed
  492  to the association for the applicable parcel, an additional fee
  493  for the estoppel certificate may not exceed $150.
  494         (7)If estoppel certificates for multiple parcels owned by
  495  the same owner are simultaneously requested from the same
  496  association and there are no past due monetary obligations owed
  497  to the association, the statement of moneys due for those
  498  parcels may be delivered in one or more estoppel certificates,
  499  and, even though the fee for each parcel shall be computed as
  500  set forth in subsection (6), the total fee that the association
  501  may charge for the preparation and delivery of the estoppel
  502  certificates may not exceed, in the aggregate:
  503         (a)For 25 or fewer parcels, $750.
  504         (b)For 26 to 50 parcels, $1,000.
  505         (c)For 51 to 100 parcels, $1,500.
  506         (d)For more than 100 parcels, $2,500.
  507         (8)(3) The authority to charge a fee for the preparation
  508  and delivery of the estoppel certificate must shall be
  509  established by a written resolution adopted by the board or
  510  provided by a written management, bookkeeping, or maintenance
  511  contract and is payable upon the preparation of the certificate.
  512  If the certificate is requested in conjunction with the sale or
  513  mortgage of a parcel but the closing does not occur and no later
  514  than 30 days after the closing date for which the certificate
  515  was sought the preparer receives a written request, accompanied
  516  by reasonable documentation, that the sale did not occur from a
  517  payor that is not the parcel owner, the fee shall be refunded to
  518  that payor within 30 days after receipt of the request. The
  519  refund is the obligation of the parcel owner, and the
  520  association may collect it from that owner in the same manner as
  521  an assessment as provided in this section. The right to
  522  reimbursement may not be waived or modified by any contract or
  523  agreement. The prevailing party in any action brought to enforce
  524  a right of reimbursement shall be awarded damages and all
  525  applicable attorney fees and costs.
  526         (9) The fees specified in this section shall be adjusted
  527  every 5 years in an amount equal to the total of the annual
  528  increases for that 5-year period in the Consumer Price Index for
  529  All Urban Consumers, U.S. City Average, All Items. The
  530  Department of Business and Professional Regulation shall
  531  periodically calculate the fees, rounded to the nearest dollar,
  532  and publish the amounts, as adjusted, on its website.
  533         Section 4. This act shall take effect July 1, 2017.