Affecting Naples & Marco Island Condominiums
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Last updated: Wednesday, September 24, 2008

Condominium 718.116 amended resolution, Florida Statute

There had been few attempts of the Florida legislation to clarify additional administrative fees.
Upon adoption or written management agreement, the Board has the authority to charge a fee for a certificate. This means, if not stated in your community documents, a fee for the preparation of an estoppel certificate may be collected. The legislation does not state the minimum amounts.

The local standard for prepared board approval forms are $100.00, which includes processing. Question & Answer sheets would be a $25.00 additional charge. Assuming the amended resolution means the estoppel certificate, a reasonable additional charge may range from $25.00 to $35.00. Clarification is scarce in this amendment.

If the sale fell through, and the payor is NOT a unit owner, within 30 days the payor can request a refund. The seller will be responsible for reimbursements and collected by the Association as an assessment. See Section 718.116:

(d)  The authority to charge a fee for the certificate shall be established by a written resolution adopted by the board or provided by a written management, bookkeeping, or maintenance contract and is payable upon the preparation of the certificate. If the certificate is requested in conjunction with the sale or mortgage of a unit but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the unit owner, the fee shall be refunded to that payor within 30 days after receipt of the request. The refund is the obligation of the unit owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section.

Comments

1 comment
  1. maria
    Wednesday, October 8, 2008

    nice post

    Leave a reply

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