ADVERTISEMENT

New Florida bill could cut off an important source of HOA revenue....

The Tradition

HR King
Apr 23, 2002
123,526
97,140
113
TAMPA, Fla. (WFLA) — 8 On Your Side has been reporting on the high cost of property insurance in Florida. On average, Floridians pay three times more than people living in the rest of the country. Now, a new legislative proposal could mean that homeowners get hit with yet another fee.

Senate Bill 278 will be heard in the Florida Senate Judiciary Committee next week.

One homeowners association group claims that if it becomes law, it will instantly increase fees for millions of homeowners.

U.S. Senator fears Floridians may be forced to bail out Citizens Property Insurance
At first glance, SB 278 doesn’t sound controversial.

“An association may not charge a fee for the preparation… of an estoppel certificate,” the bill states.

An estoppel certificate is a document prepared during the sale of a home. Basically, a snapshot of the fees a seller may still owe to the homeowners association.

Pursuant to Florida law, sellers who live in associations must get the document so that buyers, who’d be liable for the fees, are not caught off guard.

“It’s the first time ever such a bill has ever been filed,” said Mark Anderson, the executive director of Chief Executive Officers of Management Companies (CEOMC), a group that represents associations. “This bill would eliminate their right to be paid for this very critical service that they’re providing.”

Anderson said it typically costs around $300 to prepare the document.

Currently, community associations charge sellers and buyers for the work but, SB 278 bans that.

Mark says if sellers and buyers aren’t paying for estoppel certificates, the cost will get passed down to all the neighbors.

“So the money has to come from somewhere and it will come from, inevitably, higher fees and assessments on homeowners who should not have to pay for that,” he said.

However, the Lee County lawmaker who proposed the bill says that’s not true.

State Sen. Jonathan Martin told 8 On Your Side it doesn’t cost hundreds of dollars to prepare the document, and that he introduced the bill to stop HOA’s from taking advantage of buyers and sellers during a stressful time.

Additionally, Martin said his proposal does not mandate that HOA fees go up.

But will that happen anyway? He can’t say.

Martin said he wants to protect homeowners and he believes associations should be able to easily determine what a seller owes.


Thoughts, @goldmom ?
 
It’s a stupid bill filed by a legislator looking for votes. and should die in Committee.
Estoppels protect buyers, title companies and the HOA.
 
  • Like
Reactions: Joes Place
It’s a stupid bill filed by a legislator looking for votes. and should die in Committee.
Estoppels protect buyers, title companies and the HOA.

But it doesn't cost the HOA anywhere near $300 to prepare one, right?
 
What are they doing? Referencing a Quickbooks balance and printing the outstanding invoice?
 
But who prepares that document? Typically in the sale of a home a lawyer is involved, correct?
Not in Florida or Iowa. I would guess the lender prepares the document. Idk

Edit: I was wrong on the document.
 
Usually the request comes to the HOA’s Management Company and the Company controller prepares it after checking to make sure there is a zero balance or if there are fines or existing violations to be cured prior to the sale - or if the HOA is self-managed the HOA President prepares it - and the cost varies.
Our HOA was recently able to collect nearly $7,000 in back dues and late fees from a lien filed on a home that sold. The owner had the ability to pay the dues but just decided to quit doing so. Had the title company failed (under FL law) to get an estoppel and use it to pay the HOA out of the proceeds of the sale they would have been on the hook for that money. This is an extreme case and amount, BTW.
Bottom line if you CHOOSE to buy in an HOA then you CHOOSE to comply with the rules that are in place on the day you sign the contract.
 
  • Like
Reactions: Joes Place
What are they doing? Referencing a Quickbooks balance and printing the outstanding invoice?
No. Hardly ever that simple unless you live in a lower priced development and just take up a collection to plant flowers in front of the sign at the entry,
 
Usually the request comes to the HOA’s Management Company and the Company controller prepares it after checking to make sure there is a zero balance or if there are fines or existing violations to be cured prior to the sale - or if the HOA is self-managed the HOA President prepares it - and the cost varies.
Our HOA was recently able to collect nearly $7,000 in back dues and late fees from a lien filed on a home that sold. The owner had the ability to pay the dues but just decided to quit doing so. Had the title company failed (under FL law) to get an estoppel and use it to pay the HOA out of the proceeds of the sale they would have been on the hook for that money. This is an extreme case and amount, BTW.
Bottom line if you CHOOSE to buy in an HOA then you CHOOSE to comply with the rules that are in place on the day you sign the contract.

You're ignoring the question.

HOW MUCH does it cost to prepare this document?
 
  • Like
Reactions: artradley
It varies, there’s no set cost. Our HOA charges $250.

So does ours. Because our PMC charges us that. But it doesn’t cost the PMC hardly anything, it’s just a little bonus revenue for them. If our state did this we would all renegotiate that fee with the PMC.
 
So the State senator wants to tell businesses for what services they can and cannot charge? Or demand that they pass through some services at cost? How very "free enterprise" of him.
 
  • Like
Reactions: goldmom
I have some ground leases in FL and get a few of these a year which require 30 seconds of research. I’ve wondered what I could charge for my 5 minutes of time reading the email, pulling the current lease fee spreadsheet, printing and signing it and scanning it back to them.
 
Btw, this is not “an important source of revenue” for HOAs, it’s a pass through. And a pretty insignificant one for the HOA. However, it is one of several “nuisance” closing expenses when buying a home, in which buyers are exploited by a system that allows businesses to charge non-negotiable fees for very litttle work.
 
  • Like
Reactions: goldmom
In Georgia it is frequently charged by property management companies who do the work on behalf of the HOA. They are free to charge whatever they want. However, I had it written into our contract with the property management company that they would not charge more than $100.
 
ADVERTISEMENT

Latest posts

ADVERTISEMENT