Titusville, FL asked in Real Estate Law for Florida

Q: I am wondering if HOA Estoppel letters are mandated by any law in Florida?

I have a seller providing documentation that all HOA dues/fees are paid current and the title company is willing to accept that. However, the HOA is demanding an estoppel letter?

(Thanks Sephen for the response, but that is not what I was asking. The Title company and buyer are accepting the seller's documentation and seller is signing a letter to hold harmless. He bought this property late Dec 2018 and estoppel was paid in that transaction. In January he paid the 2019 HOA dues in full. He feels now a new estoppel is a frivolous cost and will accept liability if anything comes back. I wanted to know if requesting a HOA estoppel letter is mandatory? The HOA is acting as if it is...I want to know the specific law that states it is mandatory).

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1 Lawyer Answer
Stephen K. Hachey
Stephen K. Hachey
Answered
  • Tampa, FL
  • Licensed in Florida

A: The HOA provides an estoppel letter to the title company. Our underwriter requires it. I'm certain the buyer would require it as well.

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