FLORIDA – The Law: Buying in an HOA? An estoppel letter helps

The Ledger:  The Law: Buying in an HOA?  An estoppel letter helps
By Dan Rich
August 9, 2017

Prior to 2007, Florida did not allow a homeowners association to pursue a former owner for unpaid HOA assessments and fees.

This changed in 2007 when the Florida Legislature amended Chapter 720 of the Florida Statues by adding Section 720.3085, which provides that ”[a] parcel owner is jointly and severally liable with the previous

parcel owner for all unpaid assessments that came due up to the time of transfer of title.”

This means is that if the previous owner owed the HOA any money on the day of the sale, the new owner now becomes jointly liable for this amount, too.

The fact that a new owner can be held liable for money owed by the prior owner is a scary realization. Therefore, it is imperative that a buyer request an “estoppel letter” before purchasing a home located within an HOA. An estoppel letter is a legal document that can be relied upon to learn what money the previous owner might owe the HOA, and is customarily used in real estate transactions to ensure that the HOA fees incurred by an owner have been paid in full.  Read more:

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