CS for SB 278 First Engrossed (ntc) 2024278e1 1 A bill to be entitled 2 An act relating to estoppel certificates; amending s. 3 468.4334, F.S.; prohibiting agreements that indemnify 4 a community association manager or community 5 association management firm for errors or omissions 6 relating to the provision or preparation of an 7 estoppel certificate; amending s. 468.436, F.S.; 8 revising acts that constitute grounds for which 9 certain disciplinary actions may be taken to include 10 specified actions relating to estoppel certificates; 11 making technical changes; amending ss. 718.116, 12 719.108, and 720.30851, F.S.; revising the time in 13 which a community association must provide an estoppel 14 certificate to a requestor; specifying the maximum 15 charges for an estoppel certificate to a specified 16 amount; requiring a community association to annually 17 establish the authority to charge a fee for an 18 estoppel certificate; limiting fees or charges for an 19 estoppel certificate to those specified by law; 20 deleting provisions providing for the adjustment of 21 fees for an estoppel certificate based on changes in 22 an inflation index; providing that the fee for the 23 preparation and delivery of an estoppel certificate be 24 paid from closing or settlement proceeds in certain 25 circumstances; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1.Paragraph (b) of subsection (2) of section 30 468.4334, Florida Statutes, is amended to read: 31 468.4334Professional practice standards; liability. 32 (2) 33 (b)Indemnification under paragraph (a) may not cover any 34 errors or omissions relating to the preparation or provision of 35 an estoppel certificate, or any act or omission that violates a 36 criminal law; derives an improper personal benefit, either 37 directly or indirectly; is grossly negligent; or is reckless, is 38 in bad faith, is with malicious purpose, or is in a manner 39 exhibiting wanton and willful disregard of human rights, safety, 40 or property. 41 Section 2.Paragraph (b) of subsection (2) of section 42 468.436, Florida Statutes, is amended to read: 43 468.436Disciplinary proceedings. 44 (2)The following acts constitute grounds for which the 45 disciplinary actions in subsection (4) may be taken: 46 (b)1.Violation of any provision of this part. 47 2.Violation of any lawful order or rule rendered or 48 adopted by the department or the council. 49 3.Being convicted of or pleading nolo contendere to a 50 felony in any court in the United States. 51 4.Obtaining a license or certification or any other order, 52 ruling, or authorization by means of fraud, misrepresentation, 53 or concealment of material facts. 54 5.Committing acts of gross misconduct or gross negligence 55 in connection with the profession. 56 6.Contracting, on behalf of an association, with any 57 entity in which the licensee has a financial interest that is 58 not disclosed. 59 7.Violating any provision of chapter 718, chapter 719, or 60 chapter 720 during the course of performing community 61 association management services pursuant to a contract with a 62 community association as defined in s. 468.431(1). 63 8.a.Charging or attempting to charge fees or charges for 64 an estoppel certificate, for which fees are not authorized or 65 are in excess of the amounts authorized by chapter 718, chapter 66 719, or chapter 720. 67 b.Failing to timely provide an estoppel certificate or 68 providing an incomplete estoppel certificate. 69 Section 3.Subsection (8) of section 718.116, Florida 70 Statutes, is amended to read: 71 718.116Assessments; liability; lien and priority; 72 interest; collection. 73 (8)Within 5 10 business days after receiving a written or 74 electronic request therefor from a unit owner or the unit 75 owners designee, or a unit mortgagee or the unit mortgagees 76 designee, the association shall issue the estoppel certificate. 77 Each association shall designate on its website a person or 78 entity with a street or e-mail address for receipt of a request 79 for an estoppel certificate issued pursuant to this section. The 80 estoppel certificate must be provided by hand delivery, regular 81 mail, or e-mail to the requestor on the date of issuance of the 82 estoppel certificate. 83 (a)An estoppel certificate may be completed by any board 84 member, authorized agent, or authorized representative of the 85 association, including any authorized agent, authorized 86 representative, or employee of a management company authorized 87 to complete this form on behalf of the board or association. The 88 estoppel certificate must contain all of the following 89 information and must be substantially in the following form: 90 1.Date of issuance:.... 91 2.Name(s) of the unit owner(s) as reflected in the books 92 and records of the association:.... 93 3.Unit designation and address:.... 94 4.Parking or garage space number, as reflected in the 95 books and records of the association:.... 96 5.Attorneys name and contact information if the account 97 is delinquent and has been turned over to an attorney for 98 collection. No fee may be charged for this information. 99 6.Fee for the preparation and delivery of the estoppel 100 certificate:.... 101 7.Name of the requestor:.... 102 8.Assessment information and other information: 103 104 ASSESSMENT INFORMATION: 105 106 a.The regular periodic assessment levied against the unit 107 is $.... per ...(insert frequency of payment).... 108 b.The regular periodic assessment is paid through 109 ...(insert date paid through).... 110 c.The next installment of the regular periodic assessment 111 is due ...(insert due date)... in the amount of $..... 112 d.An itemized list of all assessments, special 113 assessments, and other moneys owed on the date of issuance to 114 the association by the unit owner for a specific unit is 115 provided. 116 e.An itemized list of any additional assessments, special 117 assessments, and other moneys that are scheduled to become due 118 for each day after the date of issuance for the effective period 119 of the estoppel certificate is provided. In calculating the 120 amounts that are scheduled to become due, the association may 121 assume that any delinquent amounts will remain delinquent during 122 the effective period of the estoppel certificate. 123 124 OTHER INFORMATION: 125 126 f.Is there a capital contribution fee, resale fee, 127 transfer fee, or other fee due? ....(Yes)....(No). If yes, 128 specify the type and the amount of the fee. 129 g.Is there any open violation of rule or regulation 130 noticed to the unit owner in the association official records? 131 ....(Yes)....(No). 132 h.Do the rules and regulations of the association 133 applicable to the unit require approval by the board of 134 directors of the association for the transfer of the unit? 135 ....(Yes)....(No). If yes, has the board approved the transfer 136 of the unit? ....(Yes)....(No). 137 i.Is there a right of first refusal provided to the 138 members or the association? ....(Yes)....(No). If yes, have the 139 members or the association exercised that right of first 140 refusal? ....(Yes)....(No). 141 j.Provide a list of, and contact information for, all 142 other associations of which the unit is a member. 143 k.Provide contact information for all insurance maintained 144 by the association. 145 l.Provide the signature of an officer or authorized agent 146 of the association. 147 148 The association, at its option, may include additional 149 information in the estoppel certificate. 150 (b)An estoppel certificate that is hand delivered or sent 151 by electronic means has a 30-day effective period. An estoppel 152 certificate that is sent by regular mail has a 35-day effective 153 period. If additional information or a mistake related to the 154 estoppel certificate becomes known to the association within the 155 effective period, an amended estoppel certificate may be 156 delivered and becomes effective if a sale or refinancing of the 157 unit has not been completed during the effective period. A fee 158 may not be charged for an amended estoppel certificate. An 159 amended estoppel certificate must be delivered on the date of 160 issuance, and a new 30-day or 35-day effective period begins on 161 such date. 162 (c)An association waives the right to collect any moneys 163 owed in excess of the amounts specified in the estoppel 164 certificate from any person who in good faith relies upon the 165 estoppel certificate and from the persons successors and 166 assigns. 167 (d)If an association receives a request for an estoppel 168 certificate from a unit owner or the unit owners designee, or a 169 unit mortgagee or the unit mortgagees designee, and fails to 170 deliver the estoppel certificate within 5 10 business days, a 171 fee may not be charged for the preparation and delivery of that 172 estoppel certificate. 173 (e)A summary proceeding pursuant to s. 51.011 may be 174 brought to compel compliance with this subsection, and in any 175 such action the prevailing party is entitled to recover 176 reasonable attorney fees. 177 (f)Notwithstanding any limitation on transfer fees 178 contained in s. 718.112(2)(k), an association or its authorized 179 agent may charge a reasonable fee for the preparation and 180 delivery of an estoppel certificate, which may not exceed $250, 181 if, on the date the certificate is issued, no delinquent amounts 182 are owed to the association for the applicable unit. If an 183 estoppel certificate is requested on an expedited basis and 184 delivered within 3 business days after the request, the 185 association may charge an additional fee of $100. If a 186 delinquent amount is owed to the association for the applicable 187 unit, an additional fee for the estoppel certificate may not 188 exceed $150. 189 (g)If estoppel certificates for multiple units owned by 190 the same owner are simultaneously requested from the same 191 association and there are no past due monetary obligations owed 192 to the association, the statement of moneys due for those units 193 may be delivered in one or more estoppel certificates, and, even 194 though the fee for each unit shall be computed as set forth in 195 paragraph (f), the total fee that the association may charge for 196 the preparation and delivery of the estoppel certificates may 197 not exceed, in the aggregate: 198 1.For 25 or fewer units, $750. 199 2.For 26 to 50 units, $1,000. 200 3.For 51 to 100 units, $1,500. 201 4.For more than 100 units, $2,500. 202 (h)The authority to charge a fee for the preparation and 203 delivery of the estoppel certificate must be established 204 annually by a written resolution adopted by the board or 205 provided by a written management, bookkeeping, or maintenance 206 contract and is payable upon the preparation of the certificate. 207 If the certificate is requested in conjunction with the sale or 208 mortgage of a unit but the closing does not occur and no later 209 than 30 days after the closing date for which the certificate 210 was sought the preparer receives a written request, accompanied 211 by reasonable documentation, that the sale did not occur from a 212 payor that is not the unit owner, the fee shall be refunded to 213 that payor within 30 days after receipt of the request. The 214 refund is the obligation of the unit owner, and the association 215 may collect it from that owner in the same manner as an 216 assessment as provided in this section. The right to 217 reimbursement may not be waived or modified by any contract or 218 agreement. The prevailing party in any action brought to enforce 219 a right of reimbursement shall be awarded damages and all 220 applicable attorney fees and costs. 221 (i)An association or a closing agent may not directly or 222 indirectly charge any fee for an estoppel certificate other than 223 those expressly authorized by this section. Unauthorized fees or 224 charges, whether described as a convenience fee, archive fee, 225 service fee, processing fee, delivery fee, credit card fee, 226 certification fee, third-party fee, or any other fee or charge, 227 are void and may be ignored by the requestor of the certificate. 228 (j)If an estoppel certificate is requested in conjunction 229 with the sale or refinancing of a unit, the fee for the 230 preparation and delivery of the estoppel certificate shall be 231 paid to the association from the closing or settlement proceeds. 232 If the closing does not occur, the fee for the preparation and 233 delivery of the estoppel certificate is payable by the unit 234 owner upon the expiration of the 30-day or 35-day effective 235 period of the certificate. The association may collect the fee 236 in the same manner as an assessment against the unit The fees 237 specified in this subsection shall be adjusted every 5 years in 238 an amount equal to the total of the annual increases for that 5 239 year period in the Consumer Price Index for All Urban Consumers, 240 U.S. City Average, All Items. The Department of Business and 241 Professional Regulation shall periodically calculate the fees, 242 rounded to the nearest dollar, and publish the amounts, as 243 adjusted, on its website. 244 Section 4.Subsection (6) of section 719.108, Florida 245 Statutes, is amended to read: 246 719.108Rents and assessments; liability; lien and 247 priority; interest; collection; cooperative ownership. 248 (6)Within 5 10 business days after receiving a written or 249 electronic request for an estoppel certificate from a unit owner 250 or the unit owners designee, or a unit mortgagee or the unit 251 mortgagees designee, the association shall issue the estoppel 252 certificate. Each association shall designate on its website a 253 person or entity with a street or e-mail address for receipt of 254 a request for an estoppel certificate issued pursuant to this 255 section. The estoppel certificate must be provided by hand 256 delivery, regular mail, or e-mail to the requestor on the date 257 of issuance of the estoppel certificate. 258 (a)An estoppel certificate may be completed by any board 259 member, authorized agent, or authorized representative of the 260 association, including any authorized agent, authorized 261 representative, or employee of a management company authorized 262 to complete this form on behalf of the board or association. The 263 estoppel certificate must contain all of the following 264 information and must be substantially in the following form: 265 1.Date of issuance:.... 266 2.Name(s) of the unit owner(s) as reflected in the books 267 and records of the association:.... 268 3.Unit designation and address:.... 269 4.Parking or garage space number, as reflected in the 270 books and records of the association:.... 271 5.Attorneys name and contact information if the account 272 is delinquent and has been turned over to an attorney for 273 collection. No fee may be charged for this information. 274 6.Fee for the preparation and delivery of the estoppel 275 certificate:.... 276 7.Name of the requestor:.... 277 8.Assessment information and other information: 278 279 ASSESSMENT INFORMATION: 280 281 a.The regular periodic assessment levied against the unit 282 is $.... per ...(insert frequency of payment).... 283 b.The regular periodic assessment is paid through 284 ...(insert date paid through).... 285 c.The next installment of the regular periodic assessment 286 is due ...(insert due date)... in the amount of $..... 287 d.An itemized list of all assessments, special 288 assessments, and other moneys owed by the unit owner on the date 289 of issuance to the association for a specific unit is provided. 290 e.An itemized list of any additional assessments, special 291 assessments, and other moneys that are scheduled to become due 292 for each day after the date of issuance for the effective period 293 of the estoppel certificate is provided. In calculating the 294 amounts that are scheduled to become due, the association may 295 assume that any delinquent amounts will remain delinquent during 296 the effective period of the estoppel certificate. 297 298 OTHER INFORMATION: 299 300 f.Is there a capital contribution fee, resale fee, 301 transfer fee, or other fee due? ....(Yes)....(No). If yes, 302 specify the type and amount of the fee. 303 g.Is there any open violation of rule or regulation 304 noticed to the unit owner in the association official records? 305 ....(Yes)....(No). 306 h.Do the rules and regulations of the association 307 applicable to the unit require approval by the board of 308 directors of the association for the transfer of the unit? 309 ....(Yes)....(No). If yes, has the board approved the transfer 310 of the unit? ....(Yes)....(No). 311 i.Is there a right of first refusal provided to the 312 members or the association? ....(Yes)....(No). If yes, have the 313 members or the association exercised that right of first 314 refusal? ....(Yes)....(No). 315 j.Provide a list of, and contact information for, all 316 other associations of which the unit is a member. 317 k.Provide contact information for all insurance maintained 318 by the association. 319 l.Provide the signature of an officer or authorized agent 320 of the association. 321 322 The association, at its option, may include additional 323 information in the estoppel certificate. 324 (b)An estoppel certificate that is hand delivered or sent 325 by electronic means has a 30-day effective period. An estoppel 326 certificate that is sent by regular mail has a 35-day effective 327 period. If additional information or a mistake related to the 328 estoppel certificate becomes known to the association within the 329 effective period, an amended estoppel certificate may be 330 delivered and becomes effective if a sale or refinancing of the 331 unit has not been completed during the effective period. A fee 332 may not be charged for an amended estoppel certificate. An 333 amended estoppel certificate must be delivered on the date of 334 issuance, and a new 30-day or 35-day effective period begins on 335 such date. 336 (c)An association waives the right to collect any moneys 337 owed in excess of the amounts specified in the estoppel 338 certificate from any person who in good faith relies upon the 339 estoppel certificate and from the persons successors and 340 assigns. 341 (d)If an association receives a request for an estoppel 342 certificate from a unit owner or the unit owners designee, or a 343 unit mortgagee or the unit mortgagees designee, and fails to 344 deliver the estoppel certificate within 5 10 business days, a 345 fee may not be charged for the preparation and delivery of that 346 estoppel certificate. 347 (e)A summary proceeding pursuant to s. 51.011 may be 348 brought to compel compliance with this subsection, and in any 349 such action the prevailing party is entitled to recover 350 reasonable attorney fees. 351 (f)Notwithstanding any limitation on transfer fees 352 contained in s. 719.106(1)(i), an association or its authorized 353 agent may charge a reasonable fee for the preparation and 354 delivery of an estoppel certificate, which may not exceed $250 355 if, on the date the certificate is issued, no delinquent amounts 356 are owed to the association for the applicable unit. If an 357 estoppel certificate is requested on an expedited basis and 358 delivered within 3 business days after the request, the 359 association may charge an additional fee of $100. If a 360 delinquent amount is owed to the association for the applicable 361 unit, an additional fee for the estoppel certificate may not 362 exceed $150. 363 (g)If estoppel certificates for multiple units owned by 364 the same owner are simultaneously requested from the same 365 association and there are no past due monetary obligations owed 366 to the association, the statement of moneys due for those units 367 may be delivered in one or more estoppel certificates, and, even 368 though the fee for each unit shall be computed as set forth in 369 paragraph (f), the total fee that the association may charge for 370 the preparation and delivery of the estoppel certificates may 371 not exceed, in the aggregate: 372 1.For 25 or fewer units, $750. 373 2.For 26 to 50 units, $1,000. 374 3.For 51 to 100 units, $1,500. 375 4.For more than 100 units, $2,500. 376 (h)The authority to charge a fee for the preparation and 377 delivery of the estoppel certificate must be established 378 annually by a written resolution adopted by the board or 379 provided by a written management, bookkeeping, or maintenance 380 contract and is payable upon the preparation of the certificate. 381 If the certificate is requested in conjunction with the sale or 382 mortgage of a parcel but the closing does not occur and no later 383 than 30 days after the closing date for which the certificate 384 was sought the preparer receives a written request, accompanied 385 by reasonable documentation, that the sale did not occur from a 386 payor that is not the parcel owner, the fee shall be refunded to 387 that payor within 30 days after receipt of the request. The 388 refund is the obligation of the parcel owner, and the 389 association may collect it from that owner in the same manner as 390 an assessment as provided in this section. The right to 391 reimbursement may not be waived or modified by any contract or 392 agreement. The prevailing party in any action brought to enforce 393 a right of reimbursement shall be awarded damages and all 394 applicable attorney fees and costs. 395 (i)An association or a closing agent may not directly or 396 indirectly charge any fee for an estoppel certificate other than 397 those expressly authorized by this section. Unauthorized fees or 398 charges, whether described as a convenience fee, archive fee, 399 service fee, processing fee, delivery fee, credit card fee, 400 certification fee, third-party fee, or any other fee or charge, 401 are void and may be ignored by the requestor of the certificate. 402 (j)If an estoppel certificate is requested in conjunction 403 with the sale or refinancing of a unit, the fee for the 404 preparation and delivery of the estoppel certificate shall be 405 paid to the association from the closing or settlement proceeds. 406 If the closing does not occur, the fee for the preparation and 407 delivery of the estoppel certificate is payable by the unit 408 owner upon the expiration of the 30-day or 35-day effective 409 period of the estoppel certificate. The association may collect 410 the fee in the same manner as an assessment against the unit The 411 fees specified in this subsection shall be adjusted every 5 412 years in an amount equal to the total of the annual increases 413 for that 5-year period in the Consumer Price Index for All Urban 414 Consumers, U.S. City Average, All Items. The Department of 415 Business and Professional Regulation shall periodically 416 calculate the fees, rounded to the nearest dollar, and publish 417 the amounts, as adjusted, on its website. 418 Section 5.Section 720.30851, Florida Statutes, is amended 419 to read: 420 720.30851Estoppel certificates.Within 5 10 business days 421 after receiving a written or electronic request for an estoppel 422 certificate from a parcel owner or the parcel owners designee, 423 or a parcel mortgagee or the parcel mortgagees designee, the 424 association shall issue the estoppel certificate. Each 425 association shall designate on its website a person or entity 426 with a street or e-mail address for receipt of a request for an 427 estoppel certificate issued pursuant to this section. The 428 estoppel certificate must be provided by hand delivery, regular 429 mail, or e-mail to the requestor on the date of issuance of the 430 estoppel certificate. 431 (1)An estoppel certificate may be completed by any board 432 member, authorized agent, or authorized representative of the 433 association, including any authorized agent, authorized 434 representative, or employee of a management company authorized 435 to complete this form on behalf of the board or association. The 436 estoppel certificate must contain all of the following 437 information and must be substantially in the following form: 438 (a)Date of issuance:.... 439 (b)Name(s) of the parcel owner(s) as reflected in the 440 books and records of the association:.... 441 (c)Parcel designation and address:.... 442 (d)Parking or garage space number, as reflected in the 443 books and records of the association:.... 444 (e)Attorneys name and contact information if the account 445 is delinquent and has been turned over to an attorney for 446 collection. No fee may be charged for this information. 447 (f)Fee for the preparation and delivery of the estoppel 448 certificate:.... 449 (g)Name of the requestor:.... 450 (h)Assessment information and other information: 451 452 ASSESSMENT INFORMATION: 453 454 1.The regular periodic assessment levied against the 455 parcel is $.... per ...(insert frequency of payment).... 456 2.The regular periodic assessment is paid through 457 ...(insert date paid through).... 458 3.The next installment of the regular periodic assessment 459 is due ...(insert due date)... in the amount of $..... 460 4.An itemized list of all assessments, special 461 assessments, and other moneys owed on the date of issuance to 462 the association by the parcel owner for a specific parcel is 463 provided. 464 5.An itemized list of any additional assessments, special 465 assessments, and other moneys that are scheduled to become due 466 for each day after the date of issuance for the effective period 467 of the estoppel certificate is provided. In calculating the 468 amounts that are scheduled to become due, the association may 469 assume that any delinquent amounts will remain delinquent during 470 the effective period of the estoppel certificate. 471 472 OTHER INFORMATION: 473 474 6.Is there a capital contribution fee, resale fee, 475 transfer fee, or other fee due? ....(Yes)....(No). If yes, 476 specify the type and amount of the fee. 477 7.Is there any open violation of rule or regulation 478 noticed to the parcel owner in the association official records? 479 ....(Yes)....(No). 480 8.Do the rules and regulations of the association 481 applicable to the parcel require approval by the board of 482 directors of the association for the transfer of the parcel? 483 ....(Yes)....(No). If yes, has the board approved the transfer 484 of the parcel? ....(Yes)....(No). 485 9.Is there a right of first refusal provided to the 486 members or the association? ....(Yes)....(No). If yes, have the 487 members or the association exercised that right of first 488 refusal? ....(Yes)....(No). 489 10.Provide a list of, and contact information for, all 490 other associations of which the parcel is a member. 491 11.Provide contact information for all insurance 492 maintained by the association. 493 12.Provide the signature of an officer or authorized agent 494 of the association. 495 496 The association, at its option, may include additional 497 information in the estoppel certificate. 498 (2)An estoppel certificate that is hand delivered or sent 499 by electronic means has a 30-day effective period. An estoppel 500 certificate that is sent by regular mail has a 35-day effective 501 period. If additional information or a mistake related to the 502 estoppel certificate becomes known to the association within the 503 effective period, an amended estoppel certificate may be 504 delivered and becomes effective if a sale or refinancing of the 505 parcel has not been completed during the effective period. A fee 506 may not be charged for an amended estoppel certificate. An 507 amended estoppel certificate must be delivered on the date of 508 issuance, and a new 30-day or 35-day effective period begins on 509 such date. 510 (3)An association waives the right to collect any moneys 511 owed in excess of the amounts specified in the estoppel 512 certificate from any person who in good faith relies upon the 513 estoppel certificate and from the persons successors and 514 assigns. 515 (4)If an association receives a request for an estoppel 516 certificate from a parcel owner or the parcel owners designee, 517 or a parcel mortgagee or the parcel mortgagees designee, and 518 fails to deliver the estoppel certificate within 5 10 business 519 days, a fee may not be charged for the preparation and delivery 520 of that estoppel certificate. 521 (5)A summary proceeding pursuant to s. 51.011 may be 522 brought to compel compliance with this section, and the 523 prevailing party is entitled to recover reasonable attorney 524 fees. 525 (6)An association or its authorized agent may charge a 526 reasonable fee for the preparation and delivery of an estoppel 527 certificate, which may not exceed $250, if, on the date the 528 certificate is issued, no delinquent amounts are owed to the 529 association for the applicable parcel. If an estoppel 530 certificate is requested on an expedited basis and delivered 531 within 3 business days after the request, the association may 532 charge an additional fee of $100. If a delinquent amount is owed 533 to the association for the applicable parcel, an additional fee 534 for the estoppel certificate may not exceed $150. 535 (7)If estoppel certificates for multiple parcels owned by 536 the same owner are simultaneously requested from the same 537 association and there are no past due monetary obligations owed 538 to the association, the statement of moneys due for those 539 parcels may be delivered in one or more estoppel certificates, 540 and, even though the fee for each parcel shall be computed as 541 set forth in subsection (6), the total fee that the association 542 may charge for the preparation and delivery of the estoppel 543 certificates may not exceed, in the aggregate: 544 (a)For 25 or fewer parcels, $750. 545 (b)For 26 to 50 parcels, $1,000. 546 (c)For 51 to 100 parcels, $1,500. 547 (d)For more than 100 parcels, $2,500. 548 (8)The authority to charge a fee for the preparation and 549 delivery of the estoppel certificate must be established 550 annually by a written resolution adopted by the board or 551 provided by a written management, bookkeeping, or maintenance 552 contract and is payable upon the preparation of the certificate. 553 If the certificate is requested in conjunction with the sale or 554 mortgage of a parcel but the closing does not occur and no later 555 than 30 days after the closing date for which the certificate 556 was sought the preparer receives a written request, accompanied 557 by reasonable documentation, that the sale did not occur from a 558 payor that is not the parcel owner, the fee shall be refunded to 559 that payor within 30 days after receipt of the request. The 560 refund is the obligation of the parcel owner, and the 561 association may collect it from that owner in the same manner as 562 an assessment as provided in this section. The right to 563 reimbursement may not be waived or modified by any contract or 564 agreement. The prevailing party in any action brought to enforce 565 a right of reimbursement shall be awarded damages and all 566 applicable attorney fees and costs. 567 (9)An association or a closing agent may not directly or 568 indirectly charge any fee for an estoppel certificate other than 569 those expressly authorized by this section. Unauthorized fees or 570 charges, whether described as a convenience fee, archive fee, 571 service fee, processing fee, delivery fee, credit card fee, 572 certification fee, third-party fee, or any other fee or charge, 573 are void and may be ignored by the requestor of the certificate. 574 (10)If an estoppel certificate is requested in conjunction 575 with the sale or refinancing of a parcel, the fee for the 576 preparation and delivery of the estoppel certificate shall be 577 paid to the association from the closing or settlement proceeds. 578 If the closing does not occur, the fee for the preparation and 579 delivery of the estoppel certificate is payable by the unit 580 owner upon the expiration of the 30-day or 35-day effective 581 period of the certificate. The association may collect the fee 582 in the same manner as an assessment against the parcel. The fees 583 specified in this section shall be adjusted every 5 years in an 584 amount equal to the total of the annual increases for that 5 585 year period in the Consumer Price Index for All Urban Consumers, 586 U.S. City Average, All Items. The Department of Business and 587 Professional Regulation shall periodically calculate the fees, 588 rounded to the nearest dollar, and publish the amounts, as 589 adjusted, on its website. 590 Section 6. This act shall take effect July 1, 2024.