If you are buying or selling a unit or parcel that is part of a Homeowners Association (HOA), you may already know an estoppel letter will need to change hands. That said, as a leading Tampa homeowners association management company, we know there is often some confusion surrounding the details.
Though Florida Statute covers estoppel letters in Statutes 718.116(8) and 720.30851, the law does not specifically define what should and should not be included in the letter. However, in our 30+ years of Tampa HOA property management, we have become intimately familiar with the intricacies of tenant estoppel letters and HOA estoppel letters.
This article is a continuation of Everything You Need to Know About Estoppel Letters Part 1.
Tenant Estoppel Letters
A tenant estoppel serves to verify the terms, conditions, and current status of the lease. When it comes time for a multi-unit property to be sold, the new owner must be able to rely on their new tenants’ rent. This information is of course also relevant to the lender. Essentially, this document “estops” tenants from later claiming a different agreement, rent price, or any other relevant facts.
HOA Estoppel Letters
Depending on the property, a clean transfer of ownership also requires an HOA estoppel letter. It should include findings pertaining to the subject property and to the association as a whole. This often includes the following:
- Association approval requirements
- Insurance contact information
- Outstanding balances
- Special assessments
- What Should an HOA Estoppel Letter Include?
- As mentioned earlier, there are no concrete laws regarding what an estoppel letter must or must not include.
That said, it is best practice to include the following:
- The name of the HOA
- The contact for the HOA
- The of name the property owner
- The contact for the property owner
- The address
- A description of the property
- The total amount of fees owed to the association
- An itemized list of these fees, if requested
- The date for which the balance will remain unchanged or what is owed through the date of closing
- Instructions regarding where to send payment
- Signature of an officer of the association or authorized agent
Tampa HOA Property Management
It may seem like an estoppel letter is all about protecting the buyer, but it is actually just as important to the HOA’s financial well-being.
If the total amount of fees owed to the association is calculated incorrectly, it can make years of delinquent fees unrecoverable and cause the HOA to lose massive amounts of money. Consulting with an established Tampa homeowners association management will ensure your estoppel letter includes all critical information and is prepared with precision.