Exciting News from Tallahassee

Updates and details on the "Estoppel Bill"; New Episode of Title Now Available. On June 14, 2017, Governor Scott signed Senate Bill 398, known affectionately as the "Estoppel bill." This will go into effect on July 1st.

Dear Members,

Legislation is S.L.O.W.L.Y. being sent to Governor Scott. But FINALLY, on June 14, 2017, the Governor signed Senate Bill (“SB”) 398, which we all affectionately call the “Estoppel bill.” Effective July 1, 2017, the new law makes substantial changes to all three of Florida’s primary community association statutes – chapter 718, F.S. (condominiums); chapter 719, F.S. (cooperatives); and chapter 720, F.S. (homeowners’ associations).

The new law provides mandatory detailed content for association estoppel certificates and provides that the certificate shall be issued by the association within 10 business days after receipt of the written or electronic request for it. We are working on a sample form to distribute to you which tracks the language of the new statute. The certificate is valid for 30 days if provided via hand delivery or by electronic means – 35 days if provided by regular mail.

Of particular import, the association may not collect sums beyond the amounts specified in the estoppel certificate from anyone who relies on the certificate in good faith.

Associations may charge up to $250.00 for an estoppel certificate if no delinquent amounts are owed. If delinquent amounts are owed to the association, up to $150.00 extra may be charged. When certificates are requested to be provided within 3 business days, a $100.00 additional fee is also allowed. No fee may be charged by the association if the estoppel certificate is delivered to the person who requested it more than 10 business days after receipt of the request.

Title Now - The Fund's New Podcast

I launched my new Podcast at Fund Assembly this year – it’s called Title Now. Here is a link to what you need to know to download it and subscribe. I am very excited about this additional way to reach you. The Podcast format gives me the opportunity to get into a little bit more depth on an issue, involve other people in the discussion and just make it a little more entertaining than reading an email. But the emails will keep coming! Please listen and subscribe to Title Now and let me know what you think, including suggestions for topics and speakers.

Let me know how we can help you.

Best Regards,
MELISSA JAY MURPHY
Senior Vice President and General Counsel