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Getting a Refund
of Condo & HOA
Estoppel Fees
Florida Law now requires the association or management company to refund Condo and HOA estoppel fees paid by a title agent when a transaction does not close. Unfortunately some management companies have refused to refund these fees – even with proper notice.
As a benefit to our members, FLTA has negotiated a special arrangement with two law firms to represent FLTA members in recovery of properly noticed HOA and Condo estoppels fees (subject to conflict checks and the usual engagement letter). Both of these firms have agreed to represent FLTA members on a contingent fee basis and to WAIVE their normal retainer on this type of case.
There are some technical details and timeframes which must be satisfied in order to qualify under this statute. This Checklist includes links to suggested forms for complying with the statute and (if necessary) for engaging one of these law firms.
The checklist shows best practices for refunds you have not yet requested. Not having followed every step in the past does not necessarily preclude you from recovering these fees. We urge you to submit the information you have to your choice of attorney and get their advice.