Closing · November 13, 2026 · 6 min read
HOA papers and fees when you sell in Florida or Arizona
Published by BIMINIO Properties, a company that buys houses for cash in Florida and Arizona.
If your house is in a homeowners association, the HOA's papers are part of the sale. The buyer and the title company need to know what you owe, whether any fines or special charges are open, and what the transfer will cost. Both Florida and Arizona set deadlines and fee limits for these papers.
Florida: the estoppel certificate
Florida Statutes section 720.30851 covers homeowners associations. Condominiums follow a different part of Florida law.
Deadline. The HOA "shall issue the estoppel certificate" within 10 business days after a written or electronic request from the owner, the lender, or someone they name. Each HOA must list on its website where to send the request.
What it shows. The certificate lists, among other items:
- the regular assessment, how often it is paid, and the date it is paid through,
- an itemized list of everything owed on the issue date, and amounts that come due during the period the certificate covers,
- any capital contribution, resale or transfer fee,
- any open violation noticed to the owner,
- whether the board must approve the sale, and whether there is a right of first refusal,
- other associations the house belongs to.
How long it is good for. 30 days if hand delivered or sent electronically, 35 days if mailed.
Why it protects you. Under section 720.30851(3), the HOA gives up the right to collect more than the certificate states from anyone who relies on it in good faith.
The fee. Section 720.30851(6) sets a base cap of $250 when nothing is past due. An expedited request delivered within 3 business days may add $100. If the owner is behind, up to $150 more may be charged. Subsection (9) says these amounts are adjusted every 5 years for inflation, and the state's Department of Business and Professional Regulation publishes the current figures on its website. If the HOA misses the 10-business-day deadline, it may not charge for the certificate at all.
Selling a house in an HOA? A written cash offer comes within 24 hours, with the comparable sales we used. There is no cost and no obligation.
Other Florida rules that protect a seller
- Mistakes are fixed for free. If the HOA finds a mistake or new information during the certificate's effective period, it may send an amended certificate, at no charge, with a new 30-day or 35-day period (section 720.30851(2)).
- A refund if the sale does not close. If the certificate was ordered for a sale that does not close, the person who paid, other than the owner, can ask in writing for a refund within 30 days after the planned closing date. The HOA must refund within 30 days. The owner then owes that amount to the HOA (section 720.30851(8)).
- Collections. If the account has been sent to an attorney, the certificate must give the attorney's name and contact details, and the HOA may not charge for that line.
- A late or missing certificate. An owner can bring a short court case to make the HOA issue it, and the winner recovers reasonable attorney fees (section 720.30851(5)).
Arizona: the resale disclosure
Arizona Revised Statutes section 33-1806 covers planned communities.
Who sends it, and when.
| Community size | Who delivers the papers | Deadline |
|---|---|---|
| Fewer than 50 homes | The seller | Within 10 days after accepting the buyer's offer |
| 50 or more homes | The HOA, after the seller notifies it in writing | Within 10 days after the HOA gets the notice |
What the buyer receives. The bylaws, rules and declaration, minutes of the last three open board meetings, the budget, the latest financial statement and reserve study, a dated statement of assessments and any unpaid liens, any transfer fee, open violations cited against the house, and pending lawsuits.
The fee limit. Section 33-1806(D) says the HOA may charge "not more than an aggregate of $400" for the resale disclosure, lien estoppel and any other transfer services. A rush fee of up to $100 is allowed when the work must be done within 72 hours, and an update fee of up to $50 when 30 days or more have passed. Subsection E says the fees are collected no earlier than closing and may be charged only once per sale. An HOA that charges other fees can face a civil penalty of up to $1,200.
Other Arizona rules
- The HOA's information is based on good faith reliance on its own records, without an independent check (section 33-1806(B)).
- A buyer or seller harmed when the HOA, or the seller, knowingly or recklessly leaves out required information or gives false information may sue, and may recover reasonable attorney fees (section 33-1806(C)).
- The buyer signs a statement at closing, set out word for word in section 33-1806(A)(11), confirming that they will be bound by the recorded rules and must pay the assessments, and that the HOA can foreclose for unpaid assessments without the protection of Arizona's homestead law.
- The law places the duty on the seller of the title. Licensed real estate agents and escrow agents acting in those roles are excluded from that definition (section 33-1806(H)).
HOA papers are one line on the closing statement. The seller closing costs guide lists every other line in Florida and Arizona, with the law behind each one.
What slows an HOA sale
- Unpaid dues or fines. These show up on the papers and are paid from the sale at closing.
- Open violations. A cited violation is disclosed to the buyer. Ask the HOA what it takes to close it out.
- Board approval. If your Florida HOA's rules require the board to approve a sale, the estoppel certificate says so.
- Late papers. Send your request the day you accept an offer.
Selling with BIMINIO
We buy houses in HOAs in Tampa, Miami, Orlando, Lakeland, Phoenix and Glendale, as is. Tell us about dues owed and any open violations, and the written offer takes them into account. A cash offer is below full market value. In return, there are no showings and no repairs. What you owe the HOA is paid from the sale at closing. You get the offer within 24 hours and pick a closing date from 7 to 35 days out. We pay the closing costs.
Read what happens at closing for the rest of the steps.
Thinking about selling? BIMINIO buys houses in Florida and Arizona as is. A written offer comes within 24 hours, and you pick the closing date.
Sources
- Florida Statutes (2026), section 720.30851: estoppel certificates, read November 8, 2026
- Arizona Revised Statutes, section 33-1806: sale of properties, information required, fees, read November 8, 2026
Situations this helps with
Guides
- Selling as is: what to tell the buyer
- Property taxes when you sell
- Work done without a permit, or an open permit
- Selling a house with code violations or liens
- Cash offer vs listing: the costs
- Loan payment going up: adjustable rate, balloon or HELOC
- Downsizing and selling the family home
This post is general information. BIMINIO does not give legal, tax or financial advice.
