The Ultimate Guide to HOA Estoppels for Title and Escrow [2024 edition]

Estoppels in real estate are part of a package of documents that no closing can go without. As part of the resale package, estoppels are issued by Homeowners’ associations to provide the details of a property’s legal and financial status.

As acquiring HOA estoppels often falls on the shoulders of Title and Escrow teams, every professional should be keenly aware of what estoppels are, how they vary by state, and the critical steps involved in obtaining them effectively.

This guide will provide an overview of what an HOA Estoppel or Estoppel Certificate contains, and why Title and Escrow professionals should care. Finally, we’ll look at all the things that could go wrong and how to fix them. 

Let’s dive in.

What is an Estoppel Letter in an HOA?

The estoppel letter meaning differs depending on the industry we are looking at. For example, the estoppel letter in real estate verifies a property’s financial status within an HOA. In commercial leasing, it confirms lease terms and tenant obligations. In finance, it certifies loan terms. In insurance, an estoppel can confirm policy details and claims status.

The HOA estoppel letter is a part of the resale package that a Homeowner Association (HOA) must legally provide when a property is being sold/purchased. This document is crucial in the real estate transaction process as it helps ensure that the property is free from any liens or encumbrances before the sale is finalized. 

An HOA estoppel, also known as an estoppel letter or certificate, is a legally binding document, its main purpose is to protect both buyers and sellers in real estate transactions involving HOA properties. It gives title and escrow professionals a clear picture of any financial obligations or outstanding issues related to the property.

The estoppel letter serves as a snapshot of the homeowner’s current status within the association. It outlines all fees that need to be collected when a resale property closes successfully. This includes any delinquent amounts owed by the seller, attorney fees for collection matters, working capital fees, transfer fees, reserve fund fees, and fines for compliance issues.

Key Components

An HOA estoppel typically contains several important pieces of information:

1. Property and owner details
2. Current assessment dues and frequency
3. Outstanding fees or unpaid dues
4. Special assessments (planned or ongoing)
5. Pending violations or fines
6. Transfer fees and approval requirements
7. HOA contact information
8. Payment instructions

The document also includes a statement confirming the accuracy of the information as of the issue date, making it binding for both the association and the homeowner.

Legal Implications of the Estoppel Letter

The estoppel letter has significant legal weight. Once issued, the HOA can’t come back and collect additional fees not included in the original document. This protects your clients, specifically the buyer, from unexpected financial obligations after closing.

For lenders, the estoppel letter serves as proof that the property complies with their lending requirements. It helps them verify that there are no unauthorized modifications to the property that could affect its value or compliance.

The estoppel letter is particularly valuable in showing any current outstanding fees and confirms that these won’t be transferred to the buyer at closing, as they’re the seller’s responsibility.

The Importance of HOA Estoppels in Real Estate Closings

As title and escrow professionals, you know that HOA estoppels are more than just paperwork—they’re critical tools for ensuring smooth transactions, by helping all parties involved make informed decisions.

Ensuring Clear Title

When you’re assisting a buyer in the purchase of a property that’s in an HOA community, an estoppel letter safeguards against unexpected financial obligations. It reveals any outstanding balances, unpaid fees, or pending legal actions associated with the property. This transparency is vital for several reasons:

1. Protection for buyers: They won’t be responsible for paying any fees belonging to the previous owner, as long as you receive an estoppel letter before closing
2. Seller accountability: The estoppel letter shows if the seller has any outstanding payments, allowing you to request they bring the account up to date before closing
3. Lender verification: Lenders use estoppel letters to confirm that the property meets their lending regulations and to spot any unauthorized modifications made by the seller

Facilitating Smooth Transactions

Estoppel letters streamline the closing process by providing clarity on financial obligations and property status. Here’s how they contribute to smoother transactions:

1. Clear financial picture: Your clients get a comprehensive view of expected financial obligations, including monthly dues and upcoming special assessments.
2. Negotiation tool: The information in the estoppel letter can be used to determine closing costs and give your clients negotiating power in terms of the sale.
3. Legal protection: In case of future disputes, the estoppel letter serves as valuable evidence of the agreement between the HOA and your client (the buyer) at the time of sale.
4. Due diligence: For title and escrow agents estoppel certificates are crucial for assessing the association’s financial health and ensuring there are no undisclosed obligations that might affect the property’s value and your client’s interest. 

The HOA estoppels help you better coordinate the transition of property ownership and protect the interests of buyers, sellers, lenders, and the homeowners association itself.

Critical Information in HOA Estoppels Title and Escrow Should Know About

We’ve established the HOA estoppel offers an in-depth look at a property’s relationship with the homeowners association.

Let’s break down the key elements you, as a title and escrow professional, need to be aware of to ensure a smooth closing process and safeguard the interests of your customers. 

Outstanding Dues and Assessments

When reviewing an HOA estoppel, pay close attention to the financial obligations of the current homeowner. The document will list:

• Current assessment dues and their frequency
• Any unpaid fees or delinquent amounts
• The seller’s outstanding balance and paid-through date
• The portion of dues divided between the buyer and seller based on the closing date

Violations and Fines

The estoppel will disclose any pending violations or unresolved issues involving the homeowner and the association. This includes:

• Current violations
• Associated fines
• Ongoing disputes or legal actions

Being aware of these issues allows you to point them to your customers before closing, and prevent potential complications after closing.

Upcoming Special Assessments

Special assessments are additional fees charged to homeowners for unforeseen or temporary costs. The estoppel should include:

• Any planned or ongoing special assessments
• The amount and due date of these assessments

This information allows title and escrow agents to know as they indicate their client’s future obligations.

Transfer Fees

When ownership changes hands, various fees may apply. The estoppel should outline:

• Transfer fees (also known as closing fees, admin fees, or new member fees)
• Move-in charges
• Capital contribution requirements

These fees can vary significantly, but most commonly range from $150 to $500. Understanding these costs, as a title and escrow professional helps you estimate the HOA portion of the closing expenses and ensure all parties are aware of their financial responsibilities.

Different Names of Estoppel in Different States

When you’re dealing with real estate transactions across different states, you’ll find that the term “estoppel” isn’t universally used. In fact, this crucial document goes by various names depending on the location. 

Examples of HOA Estoppel Names from Florida and California

In Florida, the document is commonly known as an “estoppel letter” or “HOA estoppel.” Florida law requires associations to provide this document within 10 business days of receiving a written or electronic request. This quick turnaround helps to keep real estate transactions moving smoothly.

California, on the other hand, typically refers to this document as a “resale certificate” or “resale demand.” Like Florida, California law mandates that these documents be issued within 10 business days of the request.

Examples of HOA Estoppel NamesHOA Estoppel Names from Other States

The naming conventions for estoppel documents vary widely across the United States. Here’s a quick overview of some common terms you might encounter:

• Statement of Accounts: Used in several states including Alabama, Alaska, Mississippi, and Illinois
• Resale Certificate: Common in Connecticut, Georgia, Idaho, and Pennsylvania
• Status Letter: Used in Colorado and New Hampshire
• Payoff Statement: Found in Tennessee and Wisconsin
• HOA Demand Letter: Used in Nevada and New Mexico

Some states have unique terms, such as:

• 6D Certificate in Massachusetts
• Act 180 Letter in Pennsylvania
• Texas Real Estate Commission Form in Texas

To give you a head start in understanding the regional differences when dealing with multi-state closing transactions, here’s a comprehensive list of how real estate estoppel might be named in each state. 

Estoppel Letter vs. Estoppel Certificate

There is often confusion surrounding the terms “estoppel letter” and “estoppel certificate,” and they are indeed frequently used interchangeably. 

The core purpose of both documents is the same: to provide a snapshot of a property’s legal and financial status at a specific point in time. 

In practice, they describe a document that protects buyers, sellers, and lenders by ensuring that all have accurate and reliable information regarding any outstanding obligations associated with the property. 

Requesting the Estoppel from HOAs as a Title and Escrow Professional

It’s usually the title and escrow professional’s responsibility to acquire the estoppel from the HOA. To verify the information and address any discrepancies, the transaction proceeds smoothly and without unexpected financial liabilities.

Here are the steps requesting estoppel from the HOA involve: 

1. Contacting the HOA management company or board members directly
2. Submitting a written or electronic request for the estoppel letter
3. Ensuring that an authorized representative from the association completes and signs the document

Typical Timeframes for HOAs to Issue Estoppels

The timeframe for receiving an estoppel letter varies by state, but HOAs are generally obligated to provide the document within a specific period. Here are some examples:

• Florida: 10 business days (recently changed from 15 days)
• Colorado: 14 days
• California: 10 business days
• Massachusetts: 10 days

If you need the estoppel sooner, many HOAs offer expedited services, known as rush fees, for an additional fee. For instance, in Florida, you can request delivery within 3 business days for an extra $100.

Here’s a list with the legally required time for HOAs to issue estoppels that will give you a more comprehensive look at

A delivery time of 2 weeks might not be ideal, especially when the property closing date is fast approaching. To save you the anxious awaiting times and the unnecessary rush fees, you can entrust Rexera with gathering the documents for you. 

Here’s how long it took us on average to acquire not only the HOA estoppel but the whole HOA resale package for the past year.

HOA Estoppel Costs and Fees

Obtaining HOA estoppels comes with related costs. Those costs vary significantly from type of fee to state. 

In Florida for example, since July 1st, 2022, the  Department of Business and Professional Regulation (DBPR) has established that the costs for preparing an estoppel certificate, generally, may not be more than $299.00. If the estoppel is requested on an expedited basis and delivered within 3 business days, there’s an additional fee of up to $119.00. For delinquent accounts, the association may charge an additional fee not to exceed $179.00.

Other states may have different caps or no limits at all. What Rexera’s Operation team has established in obtaining HOA documents for clients (HOA estoppels included) is that the average closing documents cost nationwide is $255.66 with the rush fees and $209.65 without the rush fees. Bear in mind that these costs don’t include any fees that secondary or third HOAs might charge. 

Check out our full breakdown of  Rexera team findings on the HOA closing documents fees below. 

Best Practices for Title and Escrow in Handling HOA Estoppels

As a title and escrow professional, you play a crucial role in ensuring smooth property transactions. To help you coordinate this process effectively, here are some best practices to follow when handling HOA estoppels.

Verifying Accuracy

When you receive an estoppel letter, it’s essential to carefully review its content for accuracy. Pay close attention to the following details:

1. Homeowner’s name and property address
2. Current assessment dues and frequency
3. Outstanding fees or unpaid dues
4. Special assessments (planned or ongoing)
5. Pending violations or fines
6. Transfer fees and approval requirements

Double-check these details against the information provided by the seller and buyer. This verification process helps protect all parties involved in the transaction from unexpected financial obligations or legal issues.

Addressing Discrepancies

If you spot any discrepancies in the estoppel letter, address them promptly. Here’s how you can handle such situations:

1. Contact the HOA or management company immediately to clarify any inconsistencies
2. Request an updated estoppel letter if necessary, especially if there have been changes between the time it was ordered and the closing date
3. Inform both the buyer and seller about any discrepancies and their potential impact on the transaction
4. Work with the HOA to resolve any outstanding issues before proceeding with the closing

Communicating with Clients

Clear communication with your clients is always the best approach to ensuring a quick and smooth closing. Here are some tips that will enhance your client communication when it comes to HOA estoppels.

1. Explain the purpose and importance of the estoppel letter to both buyers and sellers
2. Keep clients informed about the estoppel request process and expected timeframes
3. Discuss any fees associated with obtaining the estoppel letter and who is responsible for payment
4. Provide a clear breakdown of the information contained in the estoppel letter, ensuring clients understand their financial obligations
5. Address any concerns or questions clients may have about the HOA’s financial status or rules

Common Issues Around HOA Estoppels and How to Resolve Them

Unfortunately, no matter how you plan your work some things might get in the way of closing on time. Working with HOAs you need to prepare to handle anything the HOA board might throw your way—willingly or not. Here are some of the most common issues.

Delayed HOA Estoppels

While many states have legislation that indicates the HOA’s timeline for issuing estoppels, delays can still happen. And with the rise of cash buyers and shorter contract-to-closing periods,  any title and escrow professional would benefit from ordering the estoppel as early as possible.

To address any delay issues:

1. Submit the estoppel request as soon as possible in the transaction process
2. Follow up regularly with the HOA or management company
3. Consider paying for expedited service if available, though this may incur additional fees

Inaccurate Information in the HOA Estoppels

Sometimes, you might receive an estoppel letter with incorrect or outdated information, that complicates the closing process.

To resolve this issue:

1. Carefully review the estoppel letter as soon as you receive it
2. Compare the information with other documents and records you have
3. If you spot discrepancies, contact the HOA or management company immediately to request clarification or correction
4. Ask for an updated estoppel letter if necessary, especially if there have been changes between the time it was ordered and the closing date

Multiple HOAs

In some cases (as we’ve pointed out in our HOA fees table), a property might be associated with multiple HOAs, such as a master association and a sub-association. This can complicate the estoppel process.

To handle this situation:

1. Identify all related HOAs connected to the property
2. Request estoppel letters from each association
3. Clarify the payment structure for dues (e.g., if all dues are paid to one sub-association, which then distributes funds to master HOAs)

Negotiating Discrepancies

When discrepancies arise between the estoppel letter and other information, you as a coordinator of the closing transaction might get involved in the negotiating of a resolution.

Here’s how to approach the issue:

1. Communicate openly with all parties involved, including the buyer, seller, and HOA
2. Provide documentation to support your position
3. Consider seeking legal advice if the discrepancy is significant or if the HOA is unresponsive
4. Be prepared to negotiate closing costs or other terms based on the information in the estoppel letter

Conclusion

As part of the resale package, HOA estoppels are indispensable during real estate closing. These documents provide a clear snapshot of a property’s standing within the HOA, including financial obligations, violations, and upcoming assessments.

Title and escrow professionals have to have a full grasp of what acquiring and understanding the HOA estoppels involve. That knowledge will help you to ensure smooth closings and protect the interests of your customers.

By following our complete guide you will gain detailed insights into how to deal with HOAs and acquire HOA documents like estoppels, overcoming any possible complications.

If you’re looking for ways to optimize acquiring HOA estoppels further, you can get in touch with Rexera’s team. We’ll share the details of how we managed to reduce the time of obtaining all HOA closing documents by 65% while ensuring full accuracy.