Florida Senate - 2017                              CS for SB 398
       
       
        
       By the Committee on Regulated Industries; and Senator Passidomo
       
       
       
       
       
       580-01968-17                                           2017398c1
    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(s) of the unit owner(s) reflected in the books and
   60  records of the association:....
   61         3.Unit designation and address:....
   62         4. Parking or garage space number, if any:....
   63         5.Storage locker number, if any:....
   64         6.Attorney’s name and contact information if the account
   65  is delinquent and has been turned over to an attorney for
   66  collection. No fee may be charged for this information.
   67         7.Fee for the preparation and delivery of the estoppel
   68  certificate:....
   69         8.Name of the requestor:....
   70         9.Assessment information and other information:
   71  
   72                       ASSESSMENT INFORMATION:                     
   73         a.The regular periodic assessment levied against the unit
   74  is $.... per ...(insert frequency of payment)....
   75         b.The regular periodic assessment is paid through
   76  ...(insert date paid through)....
   77         c.The next installment of the regular periodic assessment
   78  is due ...(insert due date)... in the amount of $.....
   79         d.An itemized list of all assessments, special
   80  assessments, and other moneys owed on the date of issuance to
   81  the association by the unit owner for a specific unit is
   82  provided.
   83         e.An itemized list of any additional assessments, special
   84  assessments, and other moneys that are scheduled to become due
   85  for each day after the date of issuance for the effective period
   86  of the estoppel certificate is provided. In calculating the
   87  amounts that are scheduled to become due, the association may
   88  assume that any delinquent amounts will remain delinquent during
   89  the effective period of the estoppel certificate.
   90  
   91                         OTHER INFORMATION:                        
   92         f.Is there a capital contribution fee, resale fee,
   93  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
   94  specify the type and the amount of the fee.
   95         g.What is the amount, if any, of an association
   96  application fee?
   97         h.Is there a credit balance on the current account?
   98  ...(Yes)... ...(No)....
   99         i.Is there any violation of rule or regulation noticed to
  100  the unit owner in the association official records? ...(Yes)...
  101  ...(No)....
  102         j.Do the rules and regulations of the association
  103  applicable to the unit require approval by the board of
  104  directors of the association for the transfer of the unit?
  105  ...(Yes)... ...(No).... If yes, has the board approved the
  106  transfer of the unit? ...(Yes)... ...(No)....
  107         k.Do rules or regulations applicable to the unit provide
  108  for a right of first refusal in favor of the members or
  109  association? ...(Yes)... ...(No).... If yes, include applicable
  110  rules or regulations.
  111         l.Provide a list of utilities provided to the unit which
  112  are included in the assessments paid to the association.
  113         m.Provide a list of all recreational or land leases to the
  114  association affecting the unit.
  115         n.Provide a list of, and contact information for, all
  116  other associations of which the unit is a member.
  117         o.Provide a description of any litigation or
  118  administrative proceedings in which the association is a party.
  119         p.Provide contact information for all insurance maintained
  120  by the association.
  121         q. Provide the signature of an officer or authorized agent
  122  of the association.
  123  
  124  The association, at its option, may include additional
  125  information in the estoppel Any person other than the owner who
  126  relies upon such certificate shall be protected thereby.
  127         (b)An estoppel certificate that is hand delivered or sent
  128  by electronic means has a 30-day effective period. An estoppel
  129  certificate that is sent by regular mail has a 35-day effective
  130  period. If additional information or a mistake related to the
  131  estoppel certificate becomes known to the association within the
  132  effective period, an amended estoppel certificate may be
  133  delivered and becomes effective if a sale or refinancing of the
  134  unit has not been completed during the effective period. A fee
  135  may not be charged for an amended estoppel certificate. An
  136  amended estoppel certificate must be delivered on the date of
  137  issuance, and a new 30-day or 35-day effective period begins on
  138  such date.
  139         (c)An association waives the right to collect any moneys
  140  owed in excess of the amounts specified in the estoppel
  141  certificate from any person who in good faith relies upon the
  142  estoppel certificate and from the person’s successors and
  143  assigns.
  144         (d)If an association receives a request for an estoppel
  145  certificate from a unit owner or the unit owner’s designee, or a
  146  unit mortgagee or the unit mortgagee’s designee, and fails to
  147  deliver the estoppel certificate within 10 business days, a fee
  148  may not be charged for the preparation and delivery of that
  149  estoppel certificate. If the association fails to deliver the
  150  estoppel certificate within 15 business days, the association
  151  waives any claim, including a claim for a lien against the unit,
  152  against a purchaser and mortgagee of the unit who would have
  153  relied on the estoppel certificate, and the purchaser’s and
  154  mortgagee’s successors and assigns, for any amount that is owed
  155  to the association through the date of closing and that should
  156  have been shown on the estoppel certificate.
  157         (e)(b) A summary proceeding pursuant to s. 51.011 may be
  158  brought to compel compliance with this subsection, and in any
  159  such action the prevailing party is entitled to recover
  160  reasonable attorney attorney’s fees.
  161         (f)(c) Notwithstanding any limitation on transfer fees
  162  contained in s. 718.112(2)(i), an the association or its
  163  authorized agent may charge a reasonable fee for the preparation
  164  and delivery of an estoppel certificate, which may not exceed
  165  $200 if, on the date the certificate is issued, no delinquent
  166  amounts are owed to the association for the applicable unit. If
  167  an estoppel certificate is requested on an expedited basis and
  168  delivered within 3 business days after the request, the
  169  association may charge an additional fee of $100. If a
  170  delinquent amount is owed to the association for the applicable
  171  unit, an additional fee for the estoppel certificate may not
  172  exceed $200 for the preparation of the certificate. The amount
  173  of the fee must be included on the certificate.
  174         (g)1. If estoppel certificates for multiple units owned by
  175  the same owner are simultaneously requested from the same
  176  association and there are no past due monetary obligations owed
  177  to the association, the statement of moneys due for those units
  178  may be delivered in one or more estoppel certificates, and, even
  179  though the fee for each unit shall be computed as set forth in
  180  paragraph (f), the total fee that the association may charge for
  181  the preparation and delivery of the estoppel certificates may
  182  not exceed, in the aggregate:
  183         a.For 25 or fewer units, $750.
  184         b.For 26 to 50 units, $1,000.
  185         c.For 51 to 100 units, $1,500.
  186         d.For more than 100 units, $2,500.
  187         2.If an estoppel certificate is requested in conjunction
  188  with the sale or refinancing of a unit, the fee for the
  189  preparation and delivery of the estoppel certificate shall be
  190  paid to the association from the closing or settlement proceeds.
  191  If the closing does not occur, the fee for the preparation and
  192  delivery of the estoppel certificate remains the obligation of
  193  the unit owner, and the association may collect the fee in the
  194  same manner as an assessment against the unit. An association
  195  may not require the payment of any other fee as a condition for
  196  the preparation or delivery of an estoppel certificate.
  197         (h)(d) The authority to charge a fee for the preparation
  198  and delivery of the estoppel certificate must shall be
  199  established by a written resolution adopted by the board or
  200  provided by a written management, bookkeeping, or maintenance
  201  contract and is payable upon the preparation of the certificate.
  202  If the certificate is requested in conjunction with the sale or
  203  mortgage of a unit but the closing does not occur and no later
  204  than 30 days after the closing date for which the certificate
  205  was sought the preparer receives a written request, accompanied
  206  by reasonable documentation, that the sale did not occur from a
  207  payor that is not the unit owner, the fee shall be refunded to
  208  that payor within 30 days after receipt of the request. The
  209  refund is the obligation of the unit owner, and the association
  210  may collect it from that owner in the same manner as an
  211  assessment as provided in this section.
  212         Section 2. Subsection (6) of section 719.108, Florida
  213  Statutes, is amended to read:
  214         719.108 Rents and assessments; liability; lien and
  215  priority; interest; collection; cooperative ownership.—
  216         (6) Within 10 business 15 days after receiving a written or
  217  electronic request for an estoppel certificate from a unit owner
  218  or the unit owner’s designee, or a unit mortgagee or the unit
  219  mortgagee’s designee, the association shall issue the estoppel
  220  certificate. Each association shall designate on its website a
  221  person or entity with a street or e-mail address for receipt of
  222  a request for an estoppel certificate issued pursuant to this
  223  section. The estoppel certificate must be provided by hand
  224  delivery, regular mail, or e-mail to the requestor on the date
  225  of issuance of the estoppel certificate.
  226         (a) The estoppel certificate must contain all of the
  227  following information and must be substantially in the following
  228  form:
  229         1.Date of issuance:....
  230         2.Name(s) of the unit owner(s) reflected in the books and
  231  records of the association:....
  232         3.Unit designation and address:....
  233         4.Parking or garage space number, if any:....
  234         5. Storage locker number, if any:....
  235         6.Attorney’s name and contact information if the account
  236  is delinquent and has been turned over to an attorney for
  237  collection. No fee may be charged for this information.
  238         7.Fee for the preparation and delivery of the estoppel
  239  certificate:....
  240         8. Name of the requestor:....
  241         9. Assessment information and other information:
  242  
  243                       ASSESSMENT INFORMATION:                     
  244         a.The regular periodic assessment levied against the unit
  245  is $.... per ...(insert frequency of payment)....
  246         b.The regular periodic assessment is paid through
  247  ...(insert date paid through)....
  248         c.The next installment of the regular periodic assessment
  249  is due ...(insert due date)... in the amount of $.....
  250         d.An itemized list of all assessments, special
  251  assessments, and other moneys owed by the unit owner on the date
  252  of issuance to the association for a specific unit is provided.
  253         e.An itemized list of any additional assessments, special
  254  assessments, and other moneys that are scheduled to become due
  255  for each day after the date of issuance for the effective period
  256  of the estoppel certificate is provided. In calculating the
  257  amounts that are scheduled to become due, the association may
  258  assume that any delinquent amounts will remain delinquent during
  259  the effective period of the estoppel certificate.
  260  
  261                         OTHER INFORMATION:                        
  262         f.Is there a capital contribution fee, resale fee,
  263  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  264  specify the type and amount of the fee.
  265         g.What is the amount, if any, of an association
  266  application fee?
  267         h.Is there a credit balance on the current account?
  268  ...(Yes)... ...(No)....
  269         i.Is there any violation of rule or regulation noticed to
  270  the unit owner in the association official records? ...(Yes)...
  271  ...(No)....
  272         j.Do the rules and regulations of the association
  273  applicable to the unit require approval by the board of
  274  directors of the association for the transfer of the unit?
  275  ...Yes... ...(No).... If yes, has the board approved the
  276  transfer of the unit? ...(Yes)... .. .(No)....
  277         k.Do rules or regulations applicable to the unit provide
  278  for a right of first refusal in favor of the members or
  279  association? ...(Yes)... ...(No).... If yes, include applicable
  280  rules or regulations.
  281         l.Provide a list of utilities provided to the unit which
  282  are included in the assessments paid to the association.
  283         m.Provide a list of all recreational or land leases to the
  284  association affecting the unit.
  285         n.Provide a list of, and contact information for, all
  286  other associations of which the unit is a member.
  287         o.Provide a description of any litigation or
  288  administrative proceedings in which the association is a party.
  289         p.Provide contact information for all insurance maintained
  290  by the association.
  291         q. Provide the signature of an officer or authorized agent
  292  of the association.
  293  
  294  The association, at its option, may include additional
  295  information in the estoppel certificate.
  296         (b)An estoppel certificate that is hand delivered or sent
  297  by electronic means has a 30-day effective period. An estoppel
  298  certificate that is sent by regular mail has a 35-day effective
  299  period. If additional information or a mistake related to the
  300  estoppel certificate becomes known to the association within the
  301  effective period, an amended estoppel certificate may be
  302  delivered and becomes effective if a sale or refinancing of the
  303  unit has not been completed during the effective period. A fee
  304  may not be charged for an amended estoppel certificate. An
  305  amended estoppel certificate must be delivered on the date of
  306  issuance, and a new 30-day or 35-day effective period begins on
  307  such date.
  308         (c)An association waives the right to collect any moneys
  309  owed in excess of the amounts specified in the estoppel
  310  certificate from any person who in good faith relies upon the
  311  estoppel certificate and from the person’s successors and
  312  assigns.
  313         (d)If an association receives a request for an estoppel
  314  certificate from a unit owner or the unit owner’s designee, or a
  315  unit mortgagee or the unit mortgagee’s designee, and fails to
  316  deliver the estoppel certificate within 10 business days, a fee
  317  may not be charged for the preparation and delivery of that
  318  estoppel certificate. If the association fails to deliver the
  319  estoppel certificate within 15 business days, the association
  320  waives any claim, including a claim for a lien against the unit,
  321  against a purchaser and mortgagee of the unit who would have
  322  relied on the estoppel certificate, and the purchaser’s and
  323  mortgagee’s successors and assigns, for any amount that is owed
  324  to the association through the date of closing and that should
  325  have been shown on the estoppel certificate.
  326         (e) A summary proceeding pursuant to s. 51.011 may be
  327  brought to compel compliance with this subsection, and in any
  328  such action the prevailing party is entitled to recover
  329  reasonable attorney fees.
  330         (f)Notwithstanding any limitation on transfer fees
  331  contained in s. 719.106(1)(i), an association or its authorized
  332  agent may charge a reasonable fee for the preparation and
  333  delivery of an estoppel certificate, which may not exceed $200
  334  if, on the date the certificate is issued, no delinquent amounts
  335  are owed to the association for the applicable unit. If an
  336  estoppel certificate is requested on an expedited basis and
  337  delivered within 3 business days after the request, the
  338  association may charge an additional fee of $100. If a
  339  delinquent amount is owed to the association for the applicable
  340  unit, an additional fee for the estoppel certificate may not
  341  exceed $200.
  342         (g)1. If estoppel certificates for multiple units owned by
  343  the same owner are simultaneously requested from the same
  344  association and there are no past due monetary obligations owed
  345  to the association, the statement of moneys due for those units
  346  may be delivered in one or more estoppel certificates, and, even
  347  though the fee for each unit shall be computed as set forth in
  348  paragraph (f), the total fee that the association may charge for
  349  the preparation and delivery of the estoppel certificates may
  350  not exceed, in the aggregate:
  351         a.For 25 or fewer units, $750.
  352         b.For 26 to 50 units, $1,000.
  353         c.For 51 to 100 units, $1,500.
  354         d.For more than 100 units, $2,500.
  355         2.If an estoppel certificate is requested in conjunction
  356  with the sale or refinancing of a unit, the fee for the
  357  preparation and delivery of the estoppel certificate shall be
  358  paid to the association from the closing or settlement proceeds.
  359  If the closing does not occur, the fee for the preparation and
  360  delivery of the estoppel certificate remains the obligation of
  361  the unit owner, and the association may collect the fee in the
  362  same manner as an assessment against the unit. An association
  363  may not require the payment of any other fee as a condition for
  364  the preparation or delivery of an estoppel certificate.
  365         (h)The authority to charge a fee for the preparation and
  366  delivery of the estoppel certificate must be established by a
  367  written resolution adopted by the board or provided by a written
  368  management, bookkeeping, or maintenance contract by a unit owner
  369  or mortgagee, the association shall provide a certificate
  370  stating all assessments and other moneys owed to the association
  371  by the unit owner with respect to the cooperative parcel. Any
  372  person other than the unit owner who relies upon such
  373  certificate shall be protected thereby. Notwithstanding any
  374  limitation on transfer fees contained in s. 719.106(1)(i), the
  375  association or its authorized agent may charge a reasonable fee
  376  for the preparation of the certificate.
  377         Section 3. Section 720.30851, Florida Statutes, is amended
  378  to read:
  379         720.30851 Estoppel certificates.—Within 10 business 15 days
  380  after receiving a written or electronic the date on which a
  381  request for an estoppel certificate from a parcel owner or the
  382  parcel owner’s designee, or a parcel mortgagee or the parcel
  383  mortgagee’s designee, the association shall issue the estoppel
  384  certificate. Each association shall designate on its website a
  385  person or entity with a street or e-mail address for receipt of
  386  a request for an estoppel certificate issued pursuant to this
  387  section. The estoppel certificate must be provided by hand
  388  delivery, regular mail, or e-mail to the requestor on the date
  389  of issuance of the estoppel certificate.
  390         (1) The estoppel certificate must contain all of the
  391  following information and must be substantially in the following
  392  form:
  393         (a)Date of issuance:....
  394         (b)Name(s) of the parcel owner(s) reflected in the books
  395  and records of the association:....
  396         (c)Parcel designation and address:....
  397         (d) Parking or garage space number, if any:....
  398         (e)Storage locker number, if any:....
  399         (f)Attorney’s name and contact information if the account
  400  is delinquent and has been turned over to an attorney for
  401  collection. No fee may be charged for this information.
  402         (g)Fee for the preparation and delivery of the estoppel
  403  certificate:....
  404         (h) Name of the requestor:....
  405         (i) Assessment information and other information:
  406  
  407                       ASSESSMENT INFORMATION:                     
  408         1.The regular periodic assessment levied against the
  409  parcel is $.... per ...(insert frequency of payment)....
  410         2.The regular periodic assessment is paid through
  411  ...(insert date paid through)....
  412         3.The next installment of the regular periodic assessment
  413  is due ...(insert due date)... in the amount of $.....
  414         4.An itemized list of all assessments, special
  415  assessments, and other moneys owed on the date of issuance to
  416  the association by the parcel owner for a specific parcel is
  417  provided.
  418         5.An itemized list of any additional assessments, special
  419  assessments, and other moneys that are scheduled to become due
  420  for each day after the date of issuance for the effective period
  421  of the estoppel certificate is provided. In calculating the
  422  amounts that are scheduled to become due, the association may
  423  assume that any delinquent amounts will remain delinquent during
  424  the effective period of the estoppel certificate.
  425  
  426                         OTHER INFORMATION:                        
  427         6.Is there a capital contribution fee, resale fee,
  428  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  429  specify the type and amount of the fee.
  430         7.What is the amount, if any, of an association
  431  application fee?
  432         8.Is there a credit balance on the current account?
  433  ...(Yes)... ...(No)....
  434         9.Is there any violation of rule or regulation noticed to
  435  the parcel owner in the association official records?
  436  ...(Yes)... ...(No)....
  437         10.Do the rules and regulations of the association
  438  applicable to the parcel require approval by the board of
  439  directors of the association for the transfer of the parcel?
  440  ...(Yes)... ...(No).... If yes, has the board approved the
  441  transfer of the parcel? ...(Yes)... ...(No)....
  442         11.Do rules or regulations applicable to the parcel
  443  provide for a right of first refusal in favor of the members or
  444  association? ...(Yes)... ...(No).... If yes, include applicable
  445  rules or regulations.
  446         12.Provide a list of utilities provided to the parcel
  447  which are included in the assessments paid to the association.
  448         13.Provide a list of all recreational or land leases to
  449  the association affecting the parcel.
  450         14.Provide a list of, and contact information for, all
  451  other associations of which the parcel is a member.
  452         15.Provide a description of any litigation or
  453  administrative proceedings in which the association is a party.
  454         16.Provide contact information for all insurance
  455  maintained by the association.
  456         17. Provide the signature of an officer or authorized agent
  457  of the association.
  458  
  459  The association, at its option, may include additional
  460  information in the estoppel certificate.
  461         (2)An estoppel certificate that is hand delivered or sent
  462  by electronic means has a 30-day effective period. An estoppel
  463  certificate that is sent by regular mail has a 35-day effective
  464  period. If additional information or a mistake related to the
  465  estoppel certificate becomes known to the association within the
  466  effective period, an amended estoppel certificate may be
  467  delivered and becomes effective if a sale or refinancing of the
  468  parcel has not been completed during the effective period. A fee
  469  may not be charged for an amended estoppel certificate. An
  470  amended estoppel certificate must be delivered on the date of
  471  issuance, and a new 30-day or 35-day effective period begins on
  472  such date.
  473         (3)An association waives the right to collect any moneys
  474  owed in excess of the amounts specified in the estoppel
  475  certificate from any person who in good faith relies upon the
  476  estoppel certificate and from the person’s successors and
  477  assigns.
  478         (4)If an association receives a request for an estoppel
  479  certificate from a parcel owner or the parcel owner’s designee,
  480  or a parcel mortgagee or the parcel mortgagee’s designee, and
  481  fails to deliver an estoppel certificate within 10 business
  482  days, a fee may not be charged for the preparation and delivery
  483  of that estoppel certificate. If the association fails to
  484  deliver the estoppel certificate within 15 business days, the
  485  association waives any claim, including a claim for a lien
  486  against the parcel, against a purchaser and mortgagee of the
  487  parcel who would have relied on the estoppel certificate, and
  488  the purchaser’s and mortgagee’s successors and assigns, for any
  489  amount that is owed to the association through the date of
  490  closing and that should have been shown on the for an estoppel
  491  certificate is received from a parcel owner or mortgagee, or his
  492  or her designee, the association shall provide a certificate
  493  signed by an officer or authorized agent of the association
  494  stating all assessments and other moneys owed to the association
  495  by the parcel owner or mortgagee with respect to the parcel. An
  496  association may charge a fee for the preparation of such
  497  certificate, and the amount of such fee must be stated on the
  498  certificate.
  499         (1) Any person other than a parcel owner who relies upon a
  500  certificate receives the benefits and protection thereof.
  501         (5)(2) A summary proceeding pursuant to s. 51.011 may be
  502  brought to compel compliance with this section, and the
  503  prevailing party is entitled to recover reasonable attorney
  504  attorney’s fees.
  505         (6)An association or its authorized agent may charge a
  506  reasonable fee for the preparation and delivery of an estoppel
  507  certificate, which may not exceed $200 if on the date the
  508  certificate is issued, no delinquent amounts are owed to the
  509  association for the applicable parcel. If an estoppel
  510  certificate is requested on an expedited basis and delivered
  511  within 3 business days after the request, the association may
  512  charge an additional fee of $100. If a delinquent amount is owed
  513  to the association for the applicable parcel, an additional fee
  514  for the estoppel certificate may not exceed $200.
  515         (7)(a) If estoppel certificates for multiple parcels owned
  516  by the same owner are simultaneously requested from the same
  517  association and there are no past due monetary obligations owed
  518  to the association, the statement of moneys due for those
  519  parcels may be delivered in one or more estoppel certificates,
  520  and, even though the fee for each parcel shall be computed as
  521  set forth in subsection (6), the total fee that the association
  522  may charge for the preparation and delivery of the estoppel
  523  certificates may not exceed, in the aggregate:
  524         1.For 25 or fewer parcels, $750.
  525         2.For 26 to 50 parcels, $1,000.
  526         3.For 51 to 100 parcels, $1,500.
  527         4.For more than 100 parcels, $2,500.
  528         (b)If an estoppel certificate is requested in conjunction
  529  with the sale or refinancing of a parcel, the fee for the
  530  preparation and delivery of the estoppel certificate shall be
  531  paid to the association from the closing or settlement proceeds.
  532  If the closing does not occur, the fee for the preparation and
  533  delivery of the estoppel certificate remains the obligation of
  534  the parcel owner, and the association may collect the fee in the
  535  same manner as an assessment against the parcel. An association
  536  may not require the payment of any other fee as a condition for
  537  the preparation or delivery of an estoppel certificate.
  538         (8)(3) The authority to charge a fee for the preparation
  539  and delivery of the estoppel certificate must shall be
  540  established by a written resolution adopted by the board or
  541  provided by a written management, bookkeeping, or maintenance
  542  contract and is payable upon the preparation of the certificate.
  543  If the certificate is requested in conjunction with the sale or
  544  mortgage of a parcel but the closing does not occur and no later
  545  than 30 days after the closing date for which the certificate
  546  was sought the preparer receives a written request, accompanied
  547  by reasonable documentation, that the sale did not occur from a
  548  payor that is not the parcel owner, the fee shall be refunded to
  549  that payor within 30 days after receipt of the request. The
  550  refund is the obligation of the parcel owner, and the
  551  association may collect it from that owner in the same manner as
  552  an assessment as provided in this section.
  553         Section 4. This act shall take effect July 1, 2017.