Seller Behind on Condo Dues: Estoppels, Collection Attorneys and Master Associations

Published October 9, 2026 · Recalde & Friedman, PLLC

Why buyers should care

A condominium buyer is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer, with a right to recover from the previous owner (§ 718.116, Fla. Stat.(1)(a)). Unpaid dues don't stay with the seller. They have to be paid at or before closing, or the buyer inherits them. Our condo estoppel guide covers the basics. This article covers what changes when the account is delinquent.

When the account is in collection

Once an association turns a delinquent account over to an attorney, the payoff usually includes more than the missed assessments: interest, an administrative late fee if the declaration or bylaws provide for one, and collection costs and reasonable attorney's fees. Payments are applied first to interest, then late fees, then collection costs and attorney's fees, and only then to the assessments themselves (§ 718.116, Fla. Stat.(3)). The estoppel certificate must list the attorney's name and contact information if the account is delinquent and has been turned over for collection, and no fee may be charged for that item (§ 718.116, Fla. Stat.(8)(a)).

Practical points:

• Request early. The association has 10 business days to issue the certificate (§ 718.116, Fla. Stat.(8)). Accounts in collection can require coordination with the attorney's office.
• Get one number. The closing agent needs an itemized amount that covers everything, including amounts that will come due during the certificate's effective period. The statutory form calls for that itemization.
• Watch for a claim of lien or foreclosure. A recorded claim of lien shows up in the title search. A pending foreclosure may also have a lis pendens. Both need a recorded release or dismissal, which takes coordination.

Fees are higher for delinquent accounts

An association may charge up to $250 for an estoppel if no delinquent amounts are owed, plus $100 for delivery within 3 business days on request. If a delinquent amount is owed, it may charge an additional fee of up to $150 (§ 718.116, Fla. Stat.(8)(f)). These amounts are adjusted every 5 years for inflation. Under the AS IS contract, the seller pays association estoppel fees (9(a)).

Relying on the estoppel

An association waives the right to collect amounts above those stated in the certificate from anyone who relies on it in good faith, and from that person's successors and assigns (§ 718.116, Fla. Stat.(8)(c)). That's why the closing agent pays exactly what the certificate (or an amended certificate within the effective period) says.

What the contract says

The Condominium Rider requires the seller to bring regular periodic assessments current at closing, and to pay at closing all fines imposed by the association as of the closing date. It also requires the seller to remedy open rule violations noticed to the seller in the association's records. Who pays special assessments depends on the boxes checked in the rider and when the assessment was levied. Prorations of association fees are handled under Standard K, Prorations; Credits, of the AS IS contract, as of the day before closing.

Master and sub-associations

Many South Florida properties belong to more than one association: a condominium inside a master association, or a condo within a larger community with its own HOA. Each one has its own assessments, its own estoppel, and its own fees. The condo estoppel form must list all other associations the unit belongs to, with contact information (§ 718.116, Fla. Stat.(8)(a)). The Condominium Rider tells the seller to complete a separate rider for each condo association and the Homeowners' Association rider for any master or homeowners' association.

Common misses:

• ordering only the condo estoppel and not the master association's;
• prorating condo dues but not master dues, which may be billed on a different cycle, such as quarterly instead of monthly;
• missing a separate special assessment levied by the master.

For HOAs, see HOA estoppel certificates.

Hypothetical

A seller is several months behind, and the condo has turned the account over to its attorney. The title agent requests estoppels from the condo and the master association. The condo estoppel lists the attorney, and the attorney's office provides an itemized payoff including fees. The master association estoppel shows the seller is current. At closing, both are paid from the seller's proceeds, the condo association's attorney records a release of the claim of lien, and dues are prorated separately for each association.

Frequently asked questions