Such documentation contains important and relevant information regarding the homeowner's association and/or some documentation relating to the management company or associations' board of directors. It’s important that a homeowner and/or prospective buyer carefully review this documentation as it relates a given property – since restrictions and/or covenants governing ownership within this community and contact the management company if additional information are extremely important.
We believe this information to be relevant to approximately 50% of homes in Florida.
Your understanding of restrictive covenants, declarations and by-laws as exceptions on any policy for title insurance is very important and will govern your ownership within a particular community if the property is within one of these associations.
- This document may be very large and if it exceeds 10 MB in size, we will place such documentation on our file server for you to download at your convenience. The file will expire after 30 days for any given transaction – but if your link expires, we would be happy to send you a fresh link to this information.
- Homeowner's Association
- General Information
- Restrictive Covenants
- By-laws, if and when applicable
- Board of Directors and Last Annual Report, if available
We know there's a lot of preparation and hard work that goes into assisting your client in this endeavor and want to be sure you're equipped with information we have generated from our servers to assist you with further evaluation.
Please know if financial documentation is necessary as part of your due diligence, you may want to contact the association directly for additional documentation that would not be public record, or may only be available to present owner's of property within the community. We do our best to identify the restrictive covenants and/or applicable by-laws, however, an inquiry with the Associations Management Company is suggested for getting the most accurate information possible – including the Associations’ financial records, which is many instances is vitally important to the health and financial well-being of a community.
AS part of our involvement as a title company, we will contact the management company and/or homeowner's association and requested an estoppel certificate for this transaction. An "Estoppel Certificate" is a document that generally provides us with an accounting of any past, present or future dues that may be owed to a homeowner's association for a given property. The certificate may also identify any transfer fees that may be charged by the homeowners's association for establishing a new account and transfering ownership to a new owner. The Estoppel Certificate is generally paid for by the seller and the transfer fee is generally paid for by the buyer; unless otherwise provided for in your contract for the above-captioned transaction.
A homeowner's association is a governing body over the development and the lots contained in a subdivision are usually subject to rules and regulations imposed by deed restrictions. If you have not already received copies of these "Declarations of Restrictive Covenants" or "Rules & Regulations", you should contact your realtor immediately in order to obtain a copy. These restrictions and the declaration in establishing the homeowner's association is a general exception in the title policy and is considered incumbent upon the parties to know and understand the nature of the restrictions that may be imposed upon them as an owner of a lot in the subdivision.
The "Estoppel Certificate" normally takes the management company about 24 hours to process, however, processing time varies among industry professionals and it may take up to 5 days for us to receive this document. We must receive the document before we can close any transaction within one of these associations!
Should you have any questions or concerns as it relates to a particular community, please do not hesitate to contact us at 407.977-7200.
We have listed some of the more popular HOA/Condominium Associations below with specific links to this information; however, we caution you that this information may be stale as such documentation was obtained for prior transaction for which we were involved within these communities:
Caution:
Documentation accessible within the links below may contain very large files and may take a while to download. Please be patient: