Office hours: Monday – Friday, 9:00 AM to 5:00 PM

Call 754.253.2270
Bayit Title

The HOA says approval takes 30 days and we close in two weeks. Now what?

Association approval is a contract condition, not a title defect, but it can stop a closing just as effectively. The stated turnaround is usually a maximum the association is entitled to take, not the time it needs. Most of the delay is the application sitting incomplete, so the fix is getting a complete package in on day one.

Reviewed by Shevy Lowenstein, Florida Title Agent, License W766033September 20, 2026

Is association approval a title problem?

No. It is a contract condition. The association's right to approve or disapprove a transfer comes from the governing documents, and it is enforced through the contract, not through the official records.

The distinction matters because it changes who can fix it. A title requirement is cleared by the title agency. An approval condition is satisfied by the parties producing what the association asked for.

Why does the association say 30 days?

Because the documents usually give it a window that long, and quoting the maximum is safer for the person answering the phone than quoting the likely time.

That window normally runs from a complete application, not from the day something was first emailed. In practice the delay is rarely the association deliberating. It is an application missing a signature, a fee, a form, a background check authorization, or the interview that has not been scheduled.

Does Florida cap how long the association can take?

It does not, and that is the answer people find hardest to believe. Neither chapter 718 for condominiums nor chapter 720 for homeowners’ associations puts a deadline on approving a transfer, and neither says what happens if the association simply takes its time. The window in your contract comes from the declaration and the bylaws, not from the Legislature — so read those, because they are the only deadline there is.

What the statutes do cap is the fee. For a condominium, an association may not charge anything for a transfer unless it is required to approve the transfer and a fee is provided for in the declaration, articles or bylaws, and then it "may not exceed $150 per applicant" (Fla. Stat. § 718.112(2)(k)) — with spouses, or a parent and dependent children, counting as one applicant. Chapter 720 sets no equivalent cap for homeowners’ associations, which is worth knowing before a fee is assumed to be improper.

The estoppel certificate is the one place Florida does impose a deadline, and it is a different document. See below.

What actually shortens it?

Getting a genuinely complete package in on the first attempt, and knowing before you send it which items the association treats as mandatory. That usually means:

  • The association's current application form, not the one from a prior sale.
  • Every fee, paid the way that association requires.
  • The executed contract with all addenda.
  • Whatever screening the community requires, with the buyer available for it.
  • Confirmation of who at the management company actually reviews it.

A package that goes in complete and is chased by someone who knows which item is outstanding tends to close a great deal faster than the quoted window.

What about the estoppel certificate?

Separate document, separate purpose. The estoppel certificate is the association's written statement of what is owed on the unit — regular assessments, special assessments, transfer fees, anything in arrears. It is ordered so the closing statement is right and so the buyer does not inherit a balance.

Here the Legislature is specific, and it says the same thing for both kinds of association — Fla. Stat. § 718.116(8) for condominiums and § 720.30851 for homeowners’ associations:

  • 10 business days from a written or electronic request to issue the certificate.
  • It is binding for 30 days if hand delivered or sent electronically, 35 days by regular mail. That is a closing date constraint: a certificate that expires before you close has to be reordered.
  • The fee may not exceed $299 where the account is not delinquent, with $179 more where it is, and $119 more for delivery within 3 business days. Those are not the figures printed in the statute: it says $250, $150 and $100, and directs the Department of Business and Professional Regulation to adjust them every five years for inflation. The adjusted amounts, published by the Department, have applied since 1 July 2022 and are next due for adjustment by 1 July 2027. For multiple units there are aggregate caps — $896 for 25 or fewer, rising to $2,985 above 100.
  • Miss the 10 business days and the association may not charge a fee at all for that certificate.

Order it early. An estoppel that arrives late, or that arrives showing a balance nobody expected, moves closings.

Our practice

How Bayit Title handles this

We order the estoppel certificate as soon as the file opens rather than waiting for a closing date to firm up, and we ask the management company on that first call what its approval package requires and who reviews it. When something is outstanding, we say which item and who has it, so the person chasing it is chasing one thing. If the approval will not land before the closing date, we tell both sides while there is still time to extend rather than after the date has passed.

When should an attorney be involved?

If the association disapproves the buyer, if it asserts a right of first refusal, if there is a dispute about what is owed on the estoppel, or if a special assessment is being levied mid-transaction, those have legal consequences under the governing documents. A Florida real estate attorney should be reading them.

Common questions

Can we close before approval comes through?

Not if the contract makes approval a condition, which it usually does. Closing without it can leave the buyer holding title the association can object to.

Who pays the application and transfer fees?

The contract decides. It is negotiable and it varies by community.

The association is not responding at all. What then?

Escalate in writing to the management company and the board, and document each attempt. If a statutory deadline applies, that documentation is what makes it enforceable.

For the estoppel certificate there is one, and it has teeth in two places: the association loses its fee entirely if it misses the 10 business days, and § 720.30851 lets the requesting party bring a summary proceeding to compel delivery and recover attorney fees if it succeeds. For approval of the transfer there is no statutory window to miss, so the leverage is the contract and the declaration rather than the statute — which is exactly why the documented chase matters.

Does this apply to a refinance?

Approval usually does not, since there is no transfer. An estoppel may still be needed depending on the lender.

ShevY at Bay it title did an outstanding job on my condominium closing. She did her due diligence on verifying liens and made sure that everything was clear for me to transfer. I highly recommend bay it title and ShevY for her hard work and commitment and working around the clock to ensure a successful easy closing! Thank you!!!

Aaron Slotnick · January 2025 · Google review