Florida Senate - 2017                       CS for CS for SB 398
       
       
        
       By the Committees on Judiciary; and Regulated Industries; and
       Senator Passidomo
       
       
       
       
       590-02444-17                                           2017398c2
    1                        A bill to be entitled                      
    2         An act relating to estoppel certificates; amending ss.
    3         718.116, 719.108, and 720.30851, F.S.; revising
    4         requirements relating to the issuance of an estoppel
    5         certificate to specified persons; requiring a
    6         condominium, cooperative, or homeowners’ association
    7         to designate a street or e-mail address on its website
    8         for estoppel certificate requests; specifying delivery
    9         requirements for an estoppel certificate; requiring
   10         that an estoppel certificate contain certain
   11         information; providing an effective period for an
   12         estoppel certificate based upon the date of issuance
   13         and form of delivery; prohibiting an association from
   14         charging a preparation and delivery fee or making
   15         certain claims if it fails to deliver an estoppel
   16         certificate within certain timeframes; revising fee
   17         requirements for preparing and delivering an estoppel
   18         certificate under various circumstances; authorizing
   19         the statement of moneys due to be delivered in one or
   20         more estoppel certificates under certain
   21         circumstances; providing limits on a total fee charged
   22         for the preparation and delivery of estoppel
   23         certificates; requiring that the authority to charge a
   24         fee for the preparation and delivery of estoppel
   25         certificates be established by a specified written
   26         resolution or provided by a certain type of contract;
   27         providing that the right to reimbursement may not be
   28         waived or modified by a contract or agreement;
   29         requiring that the prevailing party in an action to
   30         enforce a right to reimbursement be awarded certain
   31         damages, fees, and costs; conforming provisions to
   32         changes made by the act; providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsection (8) of section 718.116, Florida
   37  Statutes, is amended to read:
   38         718.116 Assessments; liability; lien and priority;
   39  interest; collection.—
   40         (8) Within 10 business 15 days after receiving a written or
   41  electronic request therefor from a unit owner or the unit
   42  owner’s his or her designee, or a unit mortgagee or the unit
   43  mortgagee’s his or her designee, the association shall issue the
   44  estoppel provide a certificate. Each association shall designate
   45  on its website a person or entity with a street or e-mail
   46  address for receipt of a request for an estoppel certificate
   47  issued pursuant to this section. The estoppel certificate must
   48  be provided by hand delivery, regular mail, or e-mail to the
   49  requestor on the date of issuance of the estoppel certificate
   50  signed by an officer or agent of the association stating all
   51  assessments and other moneys owed to the association by the unit
   52  owner with respect to the condominium parcel.
   53         (a) The estoppel certificate must contain all of the
   54  following information and must be substantially in the following
   55  form:
   56         1.Date of issuance:....
   57         2.Name(s) of the unit owner(s) reflected in the books and
   58  records of the association:....
   59         3.Unit designation and address:....
   60         4. Parking or garage space number, if any:....
   61         5.Storage locker number, if any:....
   62         6.Attorney’s name and contact information if the account
   63  is delinquent and has been turned over to an attorney for
   64  collection. No fee may be charged for this information.
   65         7.Fee for the preparation and delivery of the estoppel
   66  certificate:....
   67         8.Name of the requestor:....
   68         9.Assessment information and other information:
   69  
   70                       ASSESSMENT INFORMATION:                     
   71         a.The regular periodic assessment levied against the unit
   72  is $.... per ...(insert frequency of payment)....
   73         b.The regular periodic assessment is paid through
   74  ...(insert date paid through)....
   75         c.The next installment of the regular periodic assessment
   76  is due ...(insert due date)... in the amount of $.....
   77         d.An itemized list of all assessments, special
   78  assessments, and other moneys owed on the date of issuance to
   79  the association by the unit owner for a specific unit is
   80  provided.
   81         e.An itemized list of any additional assessments, special
   82  assessments, and other moneys that are scheduled to become due
   83  for each day after the date of issuance for the effective period
   84  of the estoppel certificate is provided. In calculating the
   85  amounts that are scheduled to become due, the association may
   86  assume that any delinquent amounts will remain delinquent during
   87  the effective period of the estoppel certificate.
   88  
   89                         OTHER INFORMATION:                        
   90         f.Is there a capital contribution fee, resale fee,
   91  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
   92  specify the type and the amount of the fee.
   93         g.What is the amount, if any, of an association
   94  application fee?
   95         h.Is there a credit balance on the current account?
   96  ...(Yes)... ...(No)....
   97         i.Is there any violation of rule or regulation noticed to
   98  the unit owner in the association official records? ...(Yes)...
   99  ...(No)....
  100         j.Do the rules and regulations of the association
  101  applicable to the unit require approval by the board of
  102  directors of the association for the transfer of the unit?
  103  ...(Yes)... ...(No).... If yes, has the board approved the
  104  transfer of the unit? ...(Yes)... ...(No)....
  105         k.Do rules or regulations applicable to the unit provide
  106  for a right of first refusal in favor of the members or
  107  association? ...(Yes)... ...(No).... If yes, include applicable
  108  rules or regulations.
  109         l.Provide a list of utilities provided to the unit which
  110  are included in the assessments paid to the association.
  111         m.Provide a list of all recreational or land leases to the
  112  association affecting the unit.
  113         n.Provide a list of, and contact information for, all
  114  other associations of which the unit is a member.
  115         o.Provide a description of any litigation or
  116  administrative proceedings in which the association is a party.
  117         p.Provide contact information for all insurance maintained
  118  by the association.
  119         q. Provide the signature of an officer or authorized agent
  120  of the association.
  121  
  122  The association, at its option, may include additional
  123  information in the estoppel Any person other than the owner who
  124  relies upon such certificate shall be protected thereby.
  125         (b)An estoppel certificate that is hand delivered or sent
  126  by electronic means has a 30-day effective period. An estoppel
  127  certificate that is sent by regular mail has a 35-day effective
  128  period. If additional information or a mistake related to the
  129  estoppel certificate becomes known to the association within the
  130  effective period, an amended estoppel certificate may be
  131  delivered and becomes effective if a sale or refinancing of the
  132  unit has not been completed during the effective period. A fee
  133  may not be charged for an amended estoppel certificate. An
  134  amended estoppel certificate must be delivered on the date of
  135  issuance, and a new 30-day or 35-day effective period begins on
  136  such date.
  137         (c)An association waives the right to collect any moneys
  138  owed in excess of the amounts specified in the estoppel
  139  certificate from any person who in good faith relies upon the
  140  estoppel certificate and from the person’s successors and
  141  assigns.
  142         (d)If an association receives a request for an estoppel
  143  certificate from a unit owner or the unit owner’s designee, or a
  144  unit mortgagee or the unit mortgagee’s designee, and fails to
  145  deliver the estoppel certificate within 10 business days, a fee
  146  may not be charged for the preparation and delivery of that
  147  estoppel certificate.
  148         (e)(b) A summary proceeding pursuant to s. 51.011 may be
  149  brought to compel compliance with this subsection, and in any
  150  such action the prevailing party is entitled to recover
  151  reasonable attorney attorney’s fees.
  152         (f)(c) Notwithstanding any limitation on transfer fees
  153  contained in s. 718.112(2)(i), an the association or its
  154  authorized agent may charge a reasonable fee for the preparation
  155  and delivery of an estoppel certificate, which may not exceed
  156  $200, if, on the date the certificate is issued, no delinquent
  157  amounts are owed to the association for the applicable unit. If
  158  an estoppel certificate is requested on an expedited basis and
  159  delivered within 3 business days after the request, the
  160  association may charge an additional fee of $100. If a
  161  delinquent amount is owed to the association for the applicable
  162  unit, an additional fee for the estoppel certificate may not
  163  exceed $200 for the preparation of the certificate. The amount
  164  of the fee must be included on the certificate.
  165         (g)If estoppel certificates for multiple units owned by
  166  the same owner are simultaneously requested from the same
  167  association and there are no past due monetary obligations owed
  168  to the association, the statement of moneys due for those units
  169  may be delivered in one or more estoppel certificates, and, even
  170  though the fee for each unit shall be computed as set forth in
  171  paragraph (f), the total fee that the association may charge for
  172  the preparation and delivery of the estoppel certificates may
  173  not exceed, in the aggregate:
  174         1.For 25 or fewer units, $750.
  175         2.For 26 to 50 units, $1,000.
  176         3.For 51 to 100 units, $1,500.
  177         4.For more than 100 units, $2,500.
  178         (h)(d) The authority to charge a fee for the preparation
  179  and delivery of the estoppel certificate must shall be
  180  established by a written resolution adopted by the board or
  181  provided by a written management, bookkeeping, or maintenance
  182  contract and is payable upon the preparation of the certificate.
  183  If the certificate is requested in conjunction with the sale or
  184  mortgage of a unit but the closing does not occur and no later
  185  than 30 days after the closing date for which the certificate
  186  was sought the preparer receives a written request, accompanied
  187  by reasonable documentation, that the sale did not occur from a
  188  payor that is not the unit owner, the fee shall be refunded to
  189  that payor within 30 days after receipt of the request. The
  190  refund is the obligation of the unit owner, and the association
  191  may collect it from that owner in the same manner as an
  192  assessment as provided in this section. The right to
  193  reimbursement may not be waived or modified by any contract or
  194  agreement. The prevailing party in any action brought to enforce
  195  a right of reimbursement shall be awarded damages and all
  196  applicable attorney fees and costs.
  197         Section 2. Subsection (6) of section 719.108, Florida
  198  Statutes, is amended to read:
  199         719.108 Rents and assessments; liability; lien and
  200  priority; interest; collection; cooperative ownership.—
  201         (6) Within 10 business 15 days after receiving a written or
  202  electronic request for an estoppel certificate from a unit owner
  203  or the unit owner’s designee, or a unit mortgagee or the unit
  204  mortgagee’s designee, the association shall issue the estoppel
  205  certificate. Each association shall designate on its website a
  206  person or entity with a street or e-mail address for receipt of
  207  a request for an estoppel certificate issued pursuant to this
  208  section. The estoppel certificate must be provided by hand
  209  delivery, regular mail, or e-mail to the requestor on the date
  210  of issuance of the estoppel certificate.
  211         (a) The estoppel certificate must contain all of the
  212  following information and must be substantially in the following
  213  form:
  214         1.Date of issuance:....
  215         2.Name(s) of the unit owner(s) reflected in the books and
  216  records of the association:....
  217         3.Unit designation and address:....
  218         4.Parking or garage space number, if any:....
  219         5. Storage locker number, if any:....
  220         6.Attorney’s name and contact information if the account
  221  is delinquent and has been turned over to an attorney for
  222  collection. No fee may be charged for this information.
  223         7.Fee for the preparation and delivery of the estoppel
  224  certificate:....
  225         8. Name of the requestor:....
  226         9. Assessment information and other information:
  227  
  228                       ASSESSMENT INFORMATION:                     
  229         a.The regular periodic assessment levied against the unit
  230  is $.... per ...(insert frequency of payment)....
  231         b.The regular periodic assessment is paid through
  232  ...(insert date paid through)....
  233         c.The next installment of the regular periodic assessment
  234  is due ...(insert due date)... in the amount of $.....
  235         d.An itemized list of all assessments, special
  236  assessments, and other moneys owed by the unit owner on the date
  237  of issuance to the association for a specific unit is provided.
  238         e.An itemized list of any additional assessments, special
  239  assessments, and other moneys that are scheduled to become due
  240  for each day after the date of issuance for the effective period
  241  of the estoppel certificate is provided. In calculating the
  242  amounts that are scheduled to become due, the association may
  243  assume that any delinquent amounts will remain delinquent during
  244  the effective period of the estoppel certificate.
  245  
  246                         OTHER INFORMATION:                        
  247         f.Is there a capital contribution fee, resale fee,
  248  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  249  specify the type and amount of the fee.
  250         g.What is the amount, if any, of an association
  251  application fee?
  252         h.Is there a credit balance on the current account?
  253  ...(Yes)... ...(No)....
  254         i.Is there any violation of rule or regulation noticed to
  255  the unit owner in the association official records? ...(Yes)...
  256  ...(No)....
  257         j.Do the rules and regulations of the association
  258  applicable to the unit require approval by the board of
  259  directors of the association for the transfer of the unit?
  260  ...Yes... ...(No).... If yes, has the board approved the
  261  transfer of the unit? ...(Yes)... .. .(No)....
  262         k.Do rules or regulations applicable to the unit provide
  263  for a right of first refusal in favor of the members or
  264  association? ...(Yes)... ...(No).... If yes, include applicable
  265  rules or regulations.
  266         l.Provide a list of utilities provided to the unit which
  267  are included in the assessments paid to the association.
  268         m.Provide a list of all recreational or land leases to the
  269  association affecting the unit.
  270         n.Provide a list of, and contact information for, all
  271  other associations of which the unit is a member.
  272         o.Provide a description of any litigation or
  273  administrative proceedings in which the association is a party.
  274         p.Provide contact information for all insurance maintained
  275  by the association.
  276         q. Provide the signature of an officer or authorized agent
  277  of the association.
  278  
  279  The association, at its option, may include additional
  280  information in the estoppel certificate.
  281         (b)An estoppel certificate that is hand delivered or sent
  282  by electronic means has a 30-day effective period. An estoppel
  283  certificate that is sent by regular mail has a 35-day effective
  284  period. If additional information or a mistake related to the
  285  estoppel certificate becomes known to the association within the
  286  effective period, an amended estoppel certificate may be
  287  delivered and becomes effective if a sale or refinancing of the
  288  unit has not been completed during the effective period. A fee
  289  may not be charged for an amended estoppel certificate. An
  290  amended estoppel certificate must be delivered on the date of
  291  issuance, and a new 30-day or 35-day effective period begins on
  292  such date.
  293         (c)An association waives the right to collect any moneys
  294  owed in excess of the amounts specified in the estoppel
  295  certificate from any person who in good faith relies upon the
  296  estoppel certificate and from the person’s successors and
  297  assigns.
  298         (d)If an association receives a request for an estoppel
  299  certificate from a unit owner or the unit owner’s designee, or a
  300  unit mortgagee or the unit mortgagee’s designee, and fails to
  301  deliver the estoppel certificate within 10 business days, a fee
  302  may not be charged for the preparation and delivery of that
  303  estoppel certificate.
  304         (e) A summary proceeding pursuant to s. 51.011 may be
  305  brought to compel compliance with this subsection, and in any
  306  such action the prevailing party is entitled to recover
  307  reasonable attorney fees.
  308         (f)Notwithstanding any limitation on transfer fees
  309  contained in s. 719.106(1)(i), an association or its authorized
  310  agent may charge a reasonable fee for the preparation and
  311  delivery of an estoppel certificate, which may not exceed $200
  312  if, on the date the certificate is issued, no delinquent amounts
  313  are owed to the association for the applicable unit. If an
  314  estoppel certificate is requested on an expedited basis and
  315  delivered within 3 business days after the request, the
  316  association may charge an additional fee of $100. If a
  317  delinquent amount is owed to the association for the applicable
  318  unit, an additional fee for the estoppel certificate may not
  319  exceed $200.
  320         (g) If estoppel certificates for multiple units owned by
  321  the same owner are simultaneously requested from the same
  322  association and there are no past due monetary obligations owed
  323  to the association, the statement of moneys due for those units
  324  may be delivered in one or more estoppel certificates, and, even
  325  though the fee for each unit shall be computed as set forth in
  326  paragraph (f), the total fee that the association may charge for
  327  the preparation and delivery of the estoppel certificates may
  328  not exceed, in the aggregate:
  329         1.For 25 or fewer units, $750.
  330         2.For 26 to 50 units, $1,000.
  331         3.For 51 to 100 units, $1,500.
  332         4.For more than 100 units, $2,500.
  333         (h)The authority to charge a fee for the preparation and
  334  delivery of the estoppel certificate must be established by a
  335  written resolution adopted by the board or provided by a written
  336  management, bookkeeping, or maintenance contract and is payable
  337  upon the preparation of the certificate. If the certificate is
  338  requested in conjunction with the sale or mortgage of a parcel
  339  but the closing does not occur and no later than 30 days after
  340  the closing date for which the certificate was sought the
  341  preparer receives a written request, accompanied by reasonable
  342  documentation, that the sale did not occur from a payor that is
  343  not the parcel owner, the fee shall be refunded to that payor
  344  within 30 days after receipt of the request. The refund is the
  345  obligation of the parcel owner, and the association may collect
  346  it from that owner in the same manner as an assessment as
  347  provided in this section. The right to reimbursement may not be
  348  waived or modified by any contract or agreement. The prevailing
  349  party in any action brought to enforce a right of reimbursement
  350  shall be awarded damages and all applicable attorney fees and
  351  costs by a unit owner or mortgagee, the association shall
  352  provide a certificate stating all assessments and other moneys
  353  owed to the association by the unit owner with respect to the
  354  cooperative parcel. Any person other than the unit owner who
  355  relies upon such certificate shall be protected thereby.
  356  Notwithstanding any limitation on transfer fees contained in s.
  357  719.106(1)(i), the association or its authorized agent may
  358  charge a reasonable fee for the preparation of the certificate.
  359         Section 3. Section 720.30851, Florida Statutes, is amended
  360  to read:
  361         720.30851 Estoppel certificates.—Within 10 business 15 days
  362  after receiving a written or electronic the date on which a
  363  request for an estoppel certificate from a parcel owner or the
  364  parcel owner’s designee, or a parcel mortgagee or the parcel
  365  mortgagee’s designee, the association shall issue the estoppel
  366  certificate. Each association shall designate on its website a
  367  person or entity with a street or e-mail address for receipt of
  368  a request for an estoppel certificate issued pursuant to this
  369  section. The estoppel certificate must be provided by hand
  370  delivery, regular mail, or e-mail to the requestor on the date
  371  of issuance of the estoppel certificate.
  372         (1) The estoppel certificate must contain all of the
  373  following information and must be substantially in the following
  374  form:
  375         (a)Date of issuance:....
  376         (b)Name(s) of the parcel owner(s) reflected in the books
  377  and records of the association:....
  378         (c)Parcel designation and address:....
  379         (d) Parking or garage space number, if any:....
  380         (e)Storage locker number, if any:....
  381         (f)Attorney’s name and contact information if the account
  382  is delinquent and has been turned over to an attorney for
  383  collection. No fee may be charged for this information.
  384         (g)Fee for the preparation and delivery of the estoppel
  385  certificate:....
  386         (h) Name of the requestor:....
  387         (i) Assessment information and other information:
  388  
  389                       ASSESSMENT INFORMATION:                     
  390         1.The regular periodic assessment levied against the
  391  parcel is $.... per ...(insert frequency of payment)....
  392         2.The regular periodic assessment is paid through
  393  ...(insert date paid through)....
  394         3.The next installment of the regular periodic assessment
  395  is due ...(insert due date)... in the amount of $.....
  396         4.An itemized list of all assessments, special
  397  assessments, and other moneys owed on the date of issuance to
  398  the association by the parcel owner for a specific parcel is
  399  provided.
  400         5.An itemized list of any additional assessments, special
  401  assessments, and other moneys that are scheduled to become due
  402  for each day after the date of issuance for the effective period
  403  of the estoppel certificate is provided. In calculating the
  404  amounts that are scheduled to become due, the association may
  405  assume that any delinquent amounts will remain delinquent during
  406  the effective period of the estoppel certificate.
  407  
  408                         OTHER INFORMATION:                        
  409         6.Is there a capital contribution fee, resale fee,
  410  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  411  specify the type and amount of the fee.
  412         7.What is the amount, if any, of an association
  413  application fee?
  414         8.Is there a credit balance on the current account?
  415  ...(Yes)... ...(No)....
  416         9.Is there any violation of rule or regulation noticed to
  417  the parcel owner in the association official records?
  418  ...(Yes)... ...(No)....
  419         10.Do the rules and regulations of the association
  420  applicable to the parcel require approval by the board of
  421  directors of the association for the transfer of the parcel?
  422  ...(Yes)... ...(No).... If yes, has the board approved the
  423  transfer of the parcel? ...(Yes)... ...(No)....
  424         11.Do rules or regulations applicable to the parcel
  425  provide for a right of first refusal in favor of the members or
  426  association? ...(Yes)... ...(No).... If yes, include applicable
  427  rules or regulations.
  428         12.Provide a list of utilities provided to the parcel
  429  which are included in the assessments paid to the association.
  430         13.Provide a list of all recreational or land leases to
  431  the association affecting the parcel.
  432         14.Provide a list of, and contact information for, all
  433  other associations of which the parcel is a member.
  434         15.Provide a description of any litigation or
  435  administrative proceedings in which the association is a party.
  436         16.Provide contact information for all insurance
  437  maintained by the association.
  438         17. Provide the signature of an officer or authorized agent
  439  of the association.
  440  
  441  The association, at its option, may include additional
  442  information in the estoppel certificate.
  443         (2)An estoppel certificate that is hand delivered or sent
  444  by electronic means has a 30-day effective period. An estoppel
  445  certificate that is sent by regular mail has a 35-day effective
  446  period. If additional information or a mistake related to the
  447  estoppel certificate becomes known to the association within the
  448  effective period, an amended estoppel certificate may be
  449  delivered and becomes effective if a sale or refinancing of the
  450  parcel has not been completed during the effective period. A fee
  451  may not be charged for an amended estoppel certificate. An
  452  amended estoppel certificate must be delivered on the date of
  453  issuance, and a new 30-day or 35-day effective period begins on
  454  such date.
  455         (3)An association waives the right to collect any moneys
  456  owed in excess of the amounts specified in the estoppel
  457  certificate from any person who in good faith relies upon the
  458  estoppel certificate and from the person’s successors and
  459  assigns.
  460         (4)If an association receives a request for an estoppel
  461  certificate from a parcel owner or the parcel owner’s designee,
  462  or a parcel mortgagee or the parcel mortgagee’s designee, and
  463  fails to deliver the estoppel certificate within 10 business
  464  days, a fee may not be charged for the preparation and delivery
  465  of that estoppel certificate for an estoppel certificate is
  466  received from a parcel owner or mortgagee, or his or her
  467  designee, the association shall provide a certificate signed by
  468  an officer or authorized agent of the association stating all
  469  assessments and other moneys owed to the association by the
  470  parcel owner or mortgagee with respect to the parcel. An
  471  association may charge a fee for the preparation of such
  472  certificate, and the amount of such fee must be stated on the
  473  certificate.
  474         (1) Any person other than a parcel owner who relies upon a
  475  certificate receives the benefits and protection thereof.
  476         (5)(2) A summary proceeding pursuant to s. 51.011 may be
  477  brought to compel compliance with this section, and the
  478  prevailing party is entitled to recover reasonable attorney
  479  attorney’s fees.
  480         (6)An association or its authorized agent may charge a
  481  reasonable fee for the preparation and delivery of an estoppel
  482  certificate, which may not exceed $200 if on the date the
  483  certificate is issued, no delinquent amounts are owed to the
  484  association for the applicable parcel. If an estoppel
  485  certificate is requested on an expedited basis and delivered
  486  within 3 business days after the request, the association may
  487  charge an additional fee of $100. If a delinquent amount is owed
  488  to the association for the applicable parcel, an additional fee
  489  for the estoppel certificate may not exceed $200.
  490         (7)If estoppel certificates for multiple parcels owned by
  491  the same owner are simultaneously requested from the same
  492  association and there are no past due monetary obligations owed
  493  to the association, the statement of moneys due for those
  494  parcels may be delivered in one or more estoppel certificates,
  495  and, even though the fee for each parcel shall be computed as
  496  set forth in subsection (6), the total fee that the association
  497  may charge for the preparation and delivery of the estoppel
  498  certificates may not exceed, in the aggregate:
  499         (a)For 25 or fewer parcels, $750.
  500         (b)For 26 to 50 parcels, $1,000.
  501         (c)For 51 to 100 parcels, $1,500.
  502         (d)For more than 100 parcels, $2,500.
  503         (8)(3) The authority to charge a fee for the preparation
  504  and delivery of the estoppel certificate must shall be
  505  established by a written resolution adopted by the board or
  506  provided by a written management, bookkeeping, or maintenance
  507  contract and is payable upon the preparation of the certificate.
  508  If the certificate is requested in conjunction with the sale or
  509  mortgage of a parcel but the closing does not occur and no later
  510  than 30 days after the closing date for which the certificate
  511  was sought the preparer receives a written request, accompanied
  512  by reasonable documentation, that the sale did not occur from a
  513  payor that is not the parcel owner, the fee shall be refunded to
  514  that payor within 30 days after receipt of the request. The
  515  refund is the obligation of the parcel owner, and the
  516  association may collect it from that owner in the same manner as
  517  an assessment as provided in this section. The right to
  518  reimbursement may not be waived or modified by any contract or
  519  agreement. The prevailing party in any action brought to enforce
  520  a right of reimbursement shall be awarded damages and all
  521  applicable attorney fees and costs.
  522         Section 4. This act shall take effect July 1, 2017.