Florida Senate - 2017 SB 398
By Senator Passidomo
28-00324A-17 2017398__
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; providing that an association
14 waives a specified claim against a person or such
15 person’s successors or assigns who in good faith rely
16 on the estoppel certificate; prohibiting an
17 association from charging a preparation and delivery
18 fee or making certain claims if it fails to deliver an
19 estoppel certificate within certain timeframes;
20 revising fee requirements for preparing and delivering
21 an estoppel certificate under various circumstances;
22 authorizing the statement of moneys due to be
23 delivered in one or more estoppel certificates under
24 certain circumstances; providing limits on a total fee
25 charged for the preparation and delivery of estoppel
26 certificates; requiring the fee for an estoppel
27 certificate to be paid from specified proceeds under
28 certain circumstances; requiring that the authority to
29 charge a fee for the estoppel certificate be
30 established by a specified written resolution or
31 provided by a written management, bookkeeping, or
32 maintenance contract; deleting obsolete provisions;
33 conforming provisions to changes made by the act;
34 providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Subsection (8) of section 718.116, Florida
39 Statutes, is amended to read:
40 718.116 Assessments; liability; lien and priority;
41 interest; collection.—
42 (8) Within 10 business 15 days after receiving a written or
43 electronic request therefor from a unit owner or the unit
44 owner’s his or her designee, or a unit mortgagee or the unit
45 mortgagee’s his or her designee, the association shall issue the
46 estoppel provide a certificate. Each association shall designate
47 on its website a person or entity with a street or e-mail
48 address for receipt of a request for an estoppel certificate
49 issued pursuant to this section. The estoppel certificate must
50 be provided by hand delivery, regular mail, or e-mail to the
51 requestor on the date of issuance of the estoppel certificate
52 signed by an officer or agent of the association stating all
53 assessments and other moneys owed to the association by the unit
54 owner with respect to the condominium parcel.
55 (a) The estoppel certificate must contain all of the
56 following information and must be substantially in the following
57 form:
58 1. Date of issuance:....
59 2. Name of the unit owner(s):....
60 3. Unit designation and address:....
61 4. Parking or garage space number, if any:....
62 5. Storage locker number, if any:....
63 6. Attorney’s name and contact information if the account
64 is delinquent and has been turned over to an attorney for
65 collection. No fee may be charged for this information.
66 7. Fee for the preparation and delivery of the estoppel
67 certificate:....
68 8. Name of the requestor:....
69 9. Assessment information and other information:
70
71 ASSESSMENT INFORMATION:
72 a. The regular periodic assessment levied against the unit
73 is $.... per ...(insert frequency of payment)....
74 b. The regular periodic assessment is paid through
75 ...(insert date paid through)....
76 c. The next installment of the regular periodic assessment
77 is due ...(insert due date)... in the amount of $.....
78 d. An itemized list of all assessments, special
79 assessments, and other moneys owed on the date of issuance to
80 the association by the unit owner for a specific unit is
81 provided.
82 e. An itemized list of any additional assessments, special
83 assessments, and other moneys that are scheduled to become due
84 for each day after the date of issuance for the effective period
85 of the estoppel certificate is provided. In calculating the
86 amounts that are scheduled to become due, the association may
87 assume that any delinquent amounts will remain delinquent during
88 the effective period of the estoppel certificate.
89
90 OTHER INFORMATION:
91 f. Is there a capital contribution fee, resale fee,
92 transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
93 specify the type and the amount of the fee.
94 g. What is the amount, if any, of an association
95 application fee?
96 h. Is there a credit balance on the current account?
97 ...(Yes)... ...(No).... If yes, provide the following
98 information:
99 Yes, a balance of $.... will be transferred to the new
100 owner account.
101 Yes, a balance of $.... will be transferred to the seller
102 by the association.
103 i. Is there any violation of rule or regulation noticed to
104 the unit owner in the association official records? ...(Yes)...
105 ...(No)....
106 j. Is approval by the board of directors of the association
107 required for the transfer of the unit? ...(Yes)... ...(No)....
108 k. Do rules or regulations applicable to the unit provide
109 for a right of first refusal in favor of the members or
110 association? ...(Yes)... ...(No).... If yes, include applicable
111 rules or regulations.
112 l. Provide a list of utilities provided to the unit which
113 are included in the assessments paid to the association.
114 m. Provide a list of all recreational or land leases to the
115 association affecting the unit.
116 n. Provide a list of, and contact information for, all
117 other associations of which the unit is a member.
118 o. Provide a description of any pending or threatened
119 litigation or administrative proceedings in which the
120 association is a party or which otherwise affect the
121 association.
122 p. Provide contact information for all insurance maintained
123 by the association.
124 q. Provide the signature of an officer or authorized agent
125 of the association.
126
127 The association, at its option, may include additional
128 information in the estoppel certificate Any person other than
129 the owner who relies upon such certificate shall be protected
130 thereby.
131 (b) An estoppel certificate that is hand delivered or sent
132 by electronic means has a 30-day effective period. An estoppel
133 certificate that is sent by regular mail has a 35-day effective
134 period. If additional information or a mistake related to the
135 estoppel certificate becomes known to the association within the
136 effective period, an amended estoppel certificate may be
137 delivered and becomes effective if a sale or refinancing of the
138 unit has not been completed during the effective period. A fee
139 may not be charged for an amended estoppel certificate. An
140 amended estoppel certificate must be delivered on the date of
141 issuance, and a new 30-day or 35-day effective period begins on
142 such date.
143 (c) An association waives the right to collect any moneys
144 owed in excess of the amounts specified in the estoppel
145 certificate from any person who in good faith relies upon the
146 estoppel certificate and from the person’s successors and
147 assigns.
148 (d) If an association receives a request for an estoppel
149 certificate from a unit owner or the unit owner’s designee, or a
150 unit mortgagee or the unit mortgagee’s designee, and fails to
151 deliver the estoppel certificate within 10 business days, a fee
152 may not be charged for the preparation and delivery of that
153 estoppel certificate. If the association fails to deliver the
154 estoppel certificate within 15 business days, the association
155 waives any claim, including a claim for a lien against the unit,
156 against a purchaser and mortgagee of the unit who would have
157 relied on the estoppel certificate, and the purchaser’s and
158 mortgagee’s successors and assigns, for any amount that is owed
159 to the association through the date of closing and that should
160 have been shown on the estoppel certificate.
161 (e)(b) A summary proceeding pursuant to s. 51.011 may be
162 brought to compel compliance with this subsection, and in any
163 such action the prevailing party is entitled to recover
164 reasonable attorney attorney’s fees.
165 (f)(c) Notwithstanding any limitation on transfer fees
166 contained in s. 718.112(2)(i), an the association or its
167 authorized agent may charge a reasonable fee for the preparation
168 and delivery of an estoppel certificate, which may not exceed
169 $200 if, on the date the certificate is issued, no delinquent
170 amounts are owed to the association for the applicable unit. If
171 an estoppel certificate is requested on an expedited basis and
172 delivered within 3 business days after the request, the
173 association may charge an additional fee of $100. If a
174 delinquent amount is owed to the association for the applicable
175 unit, an additional fee for the estoppel certificate may not
176 exceed $200 for the preparation of the certificate. The amount
177 of the fee must be included on the certificate.
178 (g)1. If estoppel certificates for multiple units owned by
179 the same owner are simultaneously requested from the same
180 association and there are no past due monetary obligations owed
181 to the association, the statement of moneys due for those units
182 may be delivered in one or more estoppel certificates, and, even
183 though the fee for each unit shall be computed as set forth in
184 paragraph (f), the total fee that the association may charge for
185 the preparation and delivery of the estoppel certificates may
186 not exceed, in the aggregate:
187 a. For 25 or fewer units, $750.
188 b. For 26 to 50 units, $1,000.
189 c. For 51 to 100 units, $1,500.
190 d. For more than 100 units, $2,500.
191 2. If an estoppel certificate is requested in conjunction
192 with the sale or refinancing of a unit, the fee for the
193 preparation and delivery of the estoppel certificate shall be
194 paid to the association from the closing or settlement proceeds.
195 If the closing does not occur, the fee for the preparation and
196 delivery of the estoppel certificate remains the obligation of
197 the unit owner, and the association may collect the fee in the
198 same manner as an assessment against the unit. An association
199 may not require the payment of any other fee as a condition for
200 the preparation or delivery of an estoppel certificate.
201 (h)(d) The authority to charge a fee for the preparation
202 and delivery of the estoppel certificate must shall be
203 established by a written resolution adopted by the board or
204 provided by a written management, bookkeeping, or maintenance
205 contract and is payable upon the preparation of the certificate.
206 If the certificate is requested in conjunction with the sale or
207 mortgage of a unit but the closing does not occur and no later
208 than 30 days after the closing date for which the certificate
209 was sought the preparer receives a written request, accompanied
210 by reasonable documentation, that the sale did not occur from a
211 payor that is not the unit owner, the fee shall be refunded to
212 that payor within 30 days after receipt of the request. The
213 refund is the obligation of the unit owner, and the association
214 may collect it from that owner in the same manner as an
215 assessment as provided in this section.
216 Section 2. Subsection (6) of section 719.108, Florida
217 Statutes, is amended to read:
218 719.108 Rents and assessments; liability; lien and
219 priority; interest; collection; cooperative ownership.—
220 (6) Within 10 business 15 days after receiving a written or
221 electronic request for an estoppel certificate from a unit owner
222 or the unit owner’s designee, or a unit mortgagee or the unit
223 mortgagee’s designee, the association shall issue the estoppel
224 certificate. Each association shall designate on its website a
225 person or entity with a street or e-mail address for receipt of
226 a request for an estoppel certificate issued pursuant to this
227 section. The estoppel certificate must be provided by hand
228 delivery, regular mail, or e-mail to the requestor on the date
229 of issuance of the estoppel certificate.
230 (a) The estoppel certificate must contain all of the
231 following information and must be substantially in the following
232 form:
233 1. Date of issuance:....
234 2. Name of the unit owner(s):....
235 3. Unit designation and address:....
236 4. Parking or garage space number, if any:....
237 5. Storage locker number, if any:....
238 6. Attorney’s name and contact information if the account
239 is delinquent and has been turned over to an attorney for
240 collection. No fee may be charged for this information.
241 7. Fee for the preparation and delivery of the estoppel
242 certificate:....
243 8. Name of the requestor:....
244 9. Assessment information and other information:
245
246 ASSESSMENT INFORMATION:
247 a. The regular periodic assessment levied against the unit
248 is $.... per ...(insert frequency of payment)....
249 b. The regular periodic assessment is paid through
250 ...(insert date paid through)....
251 c. The next installment of the regular periodic assessment
252 is due...(insert due date)... in the amount of $.....
253 d. An itemized list of all assessments, special
254 assessments, and other moneys owed by the unit owner on the date
255 of issuance to the association for a specific unit is provided.
256 e. An itemized list of any additional assessments, special
257 assessments, and other moneys that are scheduled to become due
258 for each day after the date of issuance for the effective period
259 of the estoppel certificate is provided. In calculating the
260 amounts that are scheduled to become due, the association may
261 assume that any delinquent amounts will remain delinquent during
262 the effective period of the estoppel certificate.
263
264 OTHER INFORMATION:
265 f. Is there a capital contribution fee, resale fee,
266 transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
267 specify the type and amount of the fee.
268 g. What is the amount, if any, of an association
269 application fee?
270 h. Is there a credit balance on the current account?
271 ...(Yes)... ...(No).... If yes, provide the following
272 information:
273 Yes, a balance of $.... will be transferred to the new
274 owner account.
275 Yes, a balance of $.... will be transferred to the seller
276 by the association.
277 i. Is there any violation of rule or regulation noticed to
278 the unit owner in the association official records? ...(Yes)...
279 ...(No)....
280 j. Is approval by the board of directors of the association
281 required for the transfer of the unit? ...Yes... ...(No)....
282 k. Do rules or regulations applicable to the unit provide
283 for a right of first refusal in favor of the members or
284 association? ...(Yes)... ...(No).... If yes, include applicable
285 rules or regulations.
286 l. Provide a list of utilities provided to the unit which
287 are included in the assessments paid to the association.
288 m. Provide a list of all recreational or land leases to the
289 association affecting the unit.
290 n. Provide a list of, and contact information for, all
291 other associations of which the unit is a member.
292 o. Provide a description of any pending or threatened
293 litigation or administrative proceedings in which the
294 association is a party or which otherwise affect the
295 association.
296 p. Provide contact information for all insurance maintained
297 by the association.
298 q. Provide the signature of an officer or authorized agent
299 of the association.
300
301 The association, at its option, may include additional
302 information in the estoppel certificate.
303 (b) An estoppel certificate that is hand delivered or sent
304 by electronic means has a 30-day effective period. An estoppel
305 certificate that is sent by regular mail has a 35-day effective
306 period. If additional information or a mistake related to the
307 estoppel certificate becomes known to the association within the
308 effective period, an amended estoppel certificate may be
309 delivered and becomes effective if a sale or refinancing of the
310 unit has not been completed during the effective period. A fee
311 may not be charged for an amended estoppel certificate. An
312 amended estoppel certificate must be delivered on the date of
313 issuance, and a new 30-day or 35-day effective period begins on
314 such date.
315 (c) An association waives the right to collect any moneys
316 owed in excess of the amounts specified in the estoppel
317 certificate from any person who in good faith relies upon the
318 estoppel certificate and from the person’s successors and
319 assigns.
320 (d) If an association receives a request for an estoppel
321 certificate from a unit owner or the unit owner’s designee, or a
322 unit mortgagee or the unit mortgagee’s designee, and fails to
323 deliver the estoppel certificate within 10 business days, a fee
324 may not be charged for the preparation and delivery of that
325 estoppel certificate. If the association fails to deliver the
326 estoppel certificate within 15 business days, the association
327 waives any claim, including a claim for a lien against the unit,
328 against a purchaser and mortgagee of the unit who would have
329 relied on the estoppel certificate, and the purchaser’s and
330 mortgagee’s successors and assigns, for any amount that is owed
331 to the association through the date of closing and that should
332 have been shown on the estoppel certificate.
333 (e) A summary proceeding pursuant to s. 51.011 may be
334 brought to compel compliance with this subsection, and in any
335 such action the prevailing party is entitled to recover
336 reasonable attorney fees.
337 (f) Notwithstanding any limitation on transfer fees
338 contained in s. 719.106(1)(i), an association or its authorized
339 agent may charge a reasonable fee for the preparation and
340 delivery of an estoppel certificate, which may not exceed $200
341 if, on the date the certificate is issued, no delinquent amounts
342 are owed to the association for the applicable unit. If an
343 estoppel certificate is requested on an expedited basis and
344 delivered within 3 business days after the request, the
345 association may charge an additional fee of $100. If a
346 delinquent amount is owed to the association for the applicable
347 unit, an additional fee for the estoppel certificate may not
348 exceed $200.
349 (g)1. If estoppel certificates for multiple units owned by
350 the same owner are simultaneously requested from the same
351 association and there are no past due monetary obligations owed
352 to the association, the statement of moneys due for those units
353 may be delivered in one or more estoppel certificates, and, even
354 though the fee for each unit shall be computed as set forth in
355 paragraph (f), the total fee that the association may charge for
356 the preparation and delivery of the estoppel certificates may
357 not exceed, in the aggregate:
358 a. For 25 or fewer units, $750.
359 b. For 26 to 50 units, $1,000.
360 c. For 51 to 100 units, $1,500.
361 d. For more than 100 units, $2,500.
362 2. If an estoppel certificate is requested in conjunction
363 with the sale or refinancing of a unit, the fee for the
364 preparation and delivery of the estoppel certificate shall be
365 paid to the association from the closing or settlement proceeds.
366 If the closing does not occur, the fee for the preparation and
367 delivery of the estoppel certificate remains the obligation of
368 the unit owner, and the association may collect the fee in the
369 same manner as an assessment against the unit. An association
370 may not require the payment of any other fee as a condition for
371 the preparation or delivery of an estoppel certificate.
372 (h) The authority to charge a fee for the preparation and
373 delivery of the estoppel certificate must be established by a
374 written resolution adopted by the board or provided by a written
375 management, bookkeeping, or maintenance contract by a unit owner
376 or mortgagee, the association shall provide a certificate
377 stating all assessments and other moneys owed to the association
378 by the unit owner with respect to the cooperative parcel. Any
379 person other than the unit owner who relies upon such
380 certificate shall be protected thereby. Notwithstanding any
381 limitation on transfer fees contained in s. 719.106(1)(i), the
382 association or its authorized agent may charge a reasonable fee
383 for the preparation of the certificate.
384 Section 3. Section 720.30851, Florida Statutes, is amended
385 to read:
386 720.30851 Estoppel certificates.—Within 10 business 15 days
387 after receiving a written or electronic the date on which a
388 request for an estoppel certificate from a parcel owner or the
389 parcel owner’s designee, or a parcel mortgagee or the parcel
390 mortgagee’s designee, the association shall issue the estoppel
391 certificate. Each association shall designate on its website a
392 person or entity with a street or e-mail address for receipt of
393 a request for an estoppel certificate issued pursuant to this
394 section. The estoppel certificate must be provided by hand
395 delivery, regular mail, or e-mail to the requestor on the date
396 of issuance of the estoppel certificate.
397 (1) The estoppel certificate must contain all of the
398 following information and must be substantially in the following
399 form:
400 (a) Date of issuance:....
401 (b) Name of the parcel owner(s):....
402 (c) Parcel designation and address:....
403 (d) Parking or garage space number, if any:....
404 (e) Storage locker number, if any:....
405 (f) Attorney’s name and contact information if the account
406 is delinquent and has been turned over to an attorney for
407 collection. No fee may be charged for this information.
408 (g) Fee for the preparation and delivery of the estoppel
409 certificate:....
410 (h) Name of the requestor:....
411 (i) Assessment information and other information:
412
413 ASSESSMENT INFORMATION:
414 1. The regular periodic assessment levied against the
415 parcel is $.... per ...(insert frequency of payment)....
416 2. The regular periodic assessment is paid through
417 ...(insert date paid through)....
418 3. The next installment of the regular periodic assessment
419 is due ...(insert due date)... in the amount of $.....
420 4. An itemized list of all assessments, special
421 assessments, and other moneys owed on the date of issuance to
422 the association by the parcel owner for a specific parcel is
423 provided.
424 5. An itemized list of any additional assessments, special
425 assessments, and other moneys that are scheduled to become due
426 for each day after the date of issuance for the effective period
427 of the estoppel certificate is provided. In calculating the
428 amounts that are scheduled to become due, the association may
429 assume that any delinquent amounts will remain delinquent during
430 the effective period of the estoppel certificate.
431
432 OTHER INFORMATION:
433 6. Is there a capital contribution fee, resale fee,
434 transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
435 specify the type and amount of the fee.
436 7. What is the amount, if any, of an association
437 application fee?
438 8. Is there a credit balance on the current account?
439 ...(Yes)... ...(No).... If yes, provide the following
440 information:
441 Yes, a balance of $.... will be transferred to the new
442 owner account.
443 Yes, a balance of $.... will be transferred to the seller
444 by the association.
445 9. Is there any violation of rule or regulation noticed to
446 the parcel owner in the association official records?
447 ...(Yes)... ...(No)....
448 10. Is approval by the board of directors of the
449 association required for the transfer of the parcel? ...(Yes)...
450 ...(No)....
451 11. Do rules or regulations applicable to the parcel
452 provide for a right of first refusal in favor of the members or
453 association? ...(Yes)... ...(No).... If yes, include applicable
454 rules or regulations.
455 12. Provide a list of utilities provided to the parcel
456 which are included in the assessments paid to the association.
457 13. Provide a list of all recreational or land leases to
458 the association affecting the parcel.
459 14. Provide a list of, and contact information for, all
460 other associations of which the parcel is a member.
461 15. Provide a description of any pending or threatened
462 litigation or administrative proceedings in which the
463 association is a party or which otherwise affect the
464 association.
465 16. Provide contact information for all insurance
466 maintained by the association.
467 17. Provide the signature of an officer or authorized agent
468 of the association.
469
470 The association, at its option, may include additional
471 information in the estoppel certificate.
472 (2) An estoppel certificate that is hand delivered or sent
473 by electronic means has a 30-day effective period. An estoppel
474 certificate that is sent by regular mail has a 35-day effective
475 period. If additional information or a mistake related to the
476 estoppel certificate becomes known to the association within the
477 effective period, an amended estoppel certificate may be
478 delivered and becomes effective if a sale or refinancing of the
479 parcel has not been completed during the effective period. A fee
480 may not be charged for an amended estoppel certificate. An
481 amended estoppel certificate must be delivered on the date of
482 issuance, and a new 30-day or 35-day effective period begins on
483 such date.
484 (3) An association waives the right to collect any moneys
485 owed in excess of the amounts specified in the estoppel
486 certificate from any person who in good faith relies upon the
487 estoppel certificate and from the person’s successors and
488 assigns.
489 (4) If an association receives a request for an estoppel
490 certificate from a parcel owner or the parcel owner’s designee,
491 or a parcel mortgagee or the parcel mortgagee’s designee, and
492 fails to deliver an estoppel certificate within 10 business
493 days, a fee may not be charged for the preparation and delivery
494 of that estoppel certificate. If the association fails to
495 deliver the estoppel certificate within 15 business days, the
496 association waives any claim, including a claim for a lien
497 against the parcel, against a purchaser and mortgagee of the
498 parcel who would have relied on the estoppel certificate, and
499 the purchaser’s and mortgagee’s successors and assigns, for any
500 amount that is owed to the association through the date of
501 closing and that should have been shown on the estoppel
502 certificate for an estoppel certificate is received from a
503 parcel owner or mortgagee, or his or her designee, the
504 association shall provide a certificate signed by an officer or
505 authorized agent of the association stating all assessments and
506 other moneys owed to the association by the parcel owner or
507 mortgagee with respect to the parcel. An association may charge
508 a fee for the preparation of such certificate, and the amount of
509 such fee must be stated on the certificate.
510 (1) Any person other than a parcel owner who relies upon a
511 certificate receives the benefits and protection thereof.
512 (5)(2) A summary proceeding pursuant to s. 51.011 may be
513 brought to compel compliance with this section, and the
514 prevailing party is entitled to recover reasonable attorney
515 attorney’s fees.
516 (6) An association or its authorized agent may charge a
517 reasonable fee for the preparation and delivery of an estoppel
518 certificate, which may not exceed $200 if on the date the
519 certificate is issued, no delinquent amounts are owed to the
520 association for the applicable parcel. If an estoppel
521 certificate is requested on an expedited basis and delivered
522 within 3 business days after the request, the association may
523 charge an additional fee of $100. If a delinquent amount is owed
524 to the association for the applicable parcel, an additional fee
525 for the estoppel certificate may not exceed $200.
526 (7)(a) If estoppel certificates for multiple parcels owned
527 by the same owner are simultaneously requested from the same
528 association and there are no past due monetary obligations owed
529 to the association, the statement of moneys due for those
530 parcels may be delivered in one or more estoppel certificates,
531 and, even though the fee for each parcel shall be computed as
532 set forth in subsection (6), the total fee that the association
533 may charge for the preparation and delivery of the estoppel
534 certificates may not exceed, in the aggregate:
535 1. For 25 or fewer parcels, $750.
536 2. For 26 to 50 parcels, $1,000.
537 3. For 51 to 100 parcels, $1,500.
538 4. For more than 100 parcels, $2,500.
539 (b) If an estoppel certificate is requested in conjunction
540 with the sale or refinancing of a parcel, the fee for the
541 preparation and delivery of the estoppel certificate shall be
542 paid to the association from the closing or settlement proceeds.
543 If the closing does not occur, the fee for the preparation and
544 delivery of the estoppel certificate remains the obligation of
545 the parcel owner, and the association may collect the fee in the
546 same manner as an assessment against the parcel. An association
547 may not require the payment of any other fee as a condition for
548 the preparation or delivery of an estoppel certificate.
549 (8)(3) The authority to charge a fee for the preparation
550 and delivery of the estoppel certificate must shall be
551 established by a written resolution adopted by the board or
552 provided by a written management, bookkeeping, or maintenance
553 contract and is payable upon the preparation of the certificate.
554 If the certificate is requested in conjunction with the sale or
555 mortgage of a parcel but the closing does not occur and no later
556 than 30 days after the closing date for which the certificate
557 was sought the preparer receives a written request, accompanied
558 by reasonable documentation, that the sale did not occur from a
559 payor that is not the parcel owner, the fee shall be refunded to
560 that payor within 30 days after receipt of the request. The
561 refund is the obligation of the parcel owner, and the
562 association may collect it from that owner in the same manner as
563 an assessment as provided in this section.
564 Section 4. This act shall take effect July 1, 2017.