Florida statute reference · F.S. § 718.116
§ 718.116 - Assessments, Estoppel & Collection
Section 718.116 governs how Florida condo associations collect assessments - who owes them, when a lien can be filed, and the rules around estoppel certificates for real estate closings. The estoppel provisions are among the most operationally significant for any association that sees active resale activity.
Reviewed by the Common Elements editorial team, which includes a Florida-licensed community association manager (LCAM) and insurance broker - Florida Licensed Community Association Manager, 2-20 & 6-20.
What boards need to know
Assessment collection under § 718.116 follows a predictable path: the assessment comes due, and if unpaid, the association can record a claim of lien after providing notice. Once a lien is recorded and the account is 90+ days delinquent, the association can accelerate the remaining annual assessments and proceed to foreclosure. Most associations work with collection counsel at the lien stage.
The estoppel certificate provisions - at § 718.116(8) - are where most operational headaches occur. Estoppel requests come from title agents on short timelines, and the 10-business-day clock starts running immediately when a valid request arrives. Missing the deadline has real consequences: the association may be barred from collecting undisclosed amounts from the buyer.
The fee cap system is straightforward: $299 for current accounts, $478 for delinquent accounts ($299 base plus a $179 surcharge), $119 extra for expedited (3-business-day) turnaround. These are the current DBPR-adjusted amounts; the raw statutory figures ($250 base, $150 delinquency, $100 expedited) are adjusted for inflation every five years. Associations cannot add administration fees, per-page charges, or handling fees on top of these caps.
Key requirements
Assessment liability
§ 718.116(1)- Unit owner at the time assessment comes due is liable
- New owner jointly and severally liable for pre-transfer arrears
- New owner liability cap: 12 months unpaid assessments or 1% of original mortgage (whichever is less) - for mortgage foreclosure purchasers
- Developer not exempt from assessments on unsold units
Estoppel certificate timeline
§ 718.116(8)- Association must deliver within 10 business days of written request
- Requestors: seller, buyer, title agent, lender, or closing attorney
- Expedited: delivery within 3 business days (add $119 to base fee)
- Late delivery = waiver of amounts not disclosed; buyer protected
- Certificate valid for 30 days from date of issuance
Estoppel fee caps (current chargeable)
§ 718.116(8)(a)- Current account (not delinquent): maximum $299
- Delinquent account: maximum $478 ($299 base + $179 surcharge)
- Expedited add-on (3-business-day delivery): maximum $119
- Raw statutory figures ($250/$150/$100) are DBPR-adjusted for inflation every five years
- No additional admin, handling, or per-page fees permitted
- Unified with HOA cap (§ 720.30851) since 2017
Lien and acceleration
§ 718.116(5)–(6)- Lien arises from date assessment is due
- Lien may be recorded after providing required notice
- Acceleration available when 90+ days delinquent and lien recorded
- Lien priority: subordinate to first mortgage, tax liens, and pre-declaration liens
- Foreclosure of first mortgage generally extinguishes HOA lien for pre-lis pendens assessments
What you may charge today - § 718.116(8)(a)
These are the current DBPR-adjusted maximums (in effect until the next adjustment on 2027-07-01), not the raw figures printed in the statute. For the raw statutory numbers, see the verbatim text below.
| Account status | Standard (10-day) | Expedited (3-day) |
|---|---|---|
| Current (not delinquent) | $299 | $418 |
| Delinquent | $478 | $597 |
These are the maximums an association may lawfully charge. The association may charge less but not more. No additional fees permitted.
Common questions about § 718.116
- What are the estoppel certificate fee caps for Florida condos under § 718.116?
- Under § 718.116(8), Florida caps estoppel certificate fees based on account status. For a current (non-delinquent) account, the maximum fee is $299. For a delinquent account, the maximum is $478 ($299 base plus a $179 delinquency surcharge). Expedited delivery (within 3 business days) adds $119 to either cap. The statute sets the base figures at $250 base, $150 delinquency surcharge, and $100 expedited surcharge, and directs the Department of Business and Professional Regulation to adjust them for inflation every five years; the figures above reflect the current DBPR-adjusted amounts. These caps are the same as the HOA caps under § 720.30851; Florida unified the fee schedule in 2017.
- How long does a Florida condo association have to deliver an estoppel certificate?
- The association must deliver the estoppel certificate within 10 business days of receiving a written request. If the association fails to deliver within 10 business days and the closing has already occurred, the buyer is protected from any amounts not disclosed in the estoppel. The association is deemed to have waived those amounts.
- Who is liable for condo assessments in Florida?
- Under § 718.116(1), the person who is a unit owner at the time the assessment is due is liable for the assessment. When a unit is transferred, the new owner is jointly and severally liable with the former owner for unpaid assessments that came due before the transfer. However, the new owner's liability is limited: the new owner is not liable for more than 12 months of unpaid regular assessments - or 1% of the original mortgage, whichever is less - if they obtained title through a first mortgage foreclosure or by deed-in-lieu of foreclosure.
- Can a Florida condo association accelerate assessments?
- Yes. Under § 718.116(6), an association that has filed a claim of lien may accelerate the remaining annual assessment against the delinquent unit owner and make the full year's assessments immediately due and payable. Acceleration requires that the assessment payment was at least 90 days delinquent and that the association has recorded a claim of lien.
- What is the lien priority for condo assessments in Florida?
- The association's lien for unpaid assessments has priority over most other liens except the first mortgage of record, tax liens, and liens recorded before the declaration of condominium. This means that if a unit is foreclosed upon by a first mortgage lender, the association's lien for assessments that arose before the lis pendens is typically extinguished. However, the new purchaser at foreclosure has the joint-and-several liability cap described above.
Key statutory text
Selected subsections most frequently cited in practice. Full text at Florida Legislature Online.
§ 718.116(8)(a) - raw statutory text (fee caps)
“An association or its authorized agent may charge a reasonable fee for the preparation and delivery of an estoppel certificate, which may not exceed $250 if, on the date the certificate is issued, no delinquent amounts are owed to the association for the applicable parcel. If an estoppel certificate is requested on an expedited basis and delivered within 3 business days after the request, the association may charge an additional fee of $100. If a delinquent amount is owed to the association for the applicable parcel, an additional fee for the estoppel certificate may not exceed $150.”
These are the figures printed in the statute. The statute directs the DBPR to adjust them for inflation every five years; the current chargeable maximums are in the table above.
Manage estoppel requests on Common Elements
Track every estoppel request, the 10-day delivery clock, and outstanding amounts in one place. Free to start.
This is not legal advice. Consult association counsel for your specific situation.