Dues & Assessments

HOA Estoppel Letters, Resale Certificates and Transfer Fees

By The HOARebel Team · October 14, 2026 · 21 min read

Statutes last fully checked against the official text in October 2026.

Not legal advice. This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.

When a home in an HOA is sold or refinanced, the closing usually waits on a document from the association: a statement of what the owner owes and, in many states, a packet of the community's rules, budget and pending issues. Depending on the state, it's called an estoppel certificate, a resale certificate, a resale package, a disclosure statement or a statement of unpaid assessments. What the association must provide, how fast and for what fee comes from three layers: the state's HOA statute (where it addresses resales), the community's declaration and board-adopted fee policies, and the purchase contract between seller and buyer. The state rules below are examples from nine states, not a national standard. For your specific situation, a licensed real estate attorney in your state is the right resource. This is general information, not legal advice.

What is an HOA estoppel certificate or resale certificate?

It's the association's written statement of what is owed on a lot and, in many states, a package of community documents for the buyer. Florida's estoppel certificate lists amounts due and other items in a statutory form (Fla. Stat. § 720.30851), and Texas defines a resale certificate as a signed statement with the items in § 207.003(b) (Tex. Prop. Code § 207.001(5)).

The two names describe overlapping things. An estoppel certificate is built around the money: the assessments, special assessments and other charges owed as of a date, which the association can then be held to. A resale certificate or disclosure package usually adds documents a buyer would want to see before closing, such as the governing documents, the budget, reserve information, insurance and known violations. Several states combine both in one requirement, and a few, like North Carolina and Georgia, regulate only the statement of amounts owed.

Two related documents are easy to confuse with these. A seller's own disclosure to the buyer (Florida's HOA disclosure summary in § 720.401, for example) comes from the seller, not the association. And a mortgage payoff letter comes from the lender. The association's certificate covers what the association says is owed to it. The overview of HOA fees and dues explains the assessments that usually appear on it.

How long does an HOA have to provide an estoppel certificate?

The deadline is set by state statute where one exists, and it ranges from five business days to 14 days in these examples. Florida and Texas allow 10 business days (Fla. Stat. § 720.30851; Tex. Prop. Code § 207.003(a)), Virginia allows 14 days (Va. Code § 55.1-2309(B)), and Georgia five business days.

State by state:

Florida. "Within 10 business days after receiving a written or electronic request" from the owner, a mortgagee or a designee of either, "the association shall issue the estoppel certificate" (§ 720.30851). The Florida HOA estoppel certificate guide covers the rest of the Florida rules.
Texas. The association must deliver the restrictions, bylaws, rules and a resale certificate "[n]ot later than the 10th business day after the date a written request for subdivision information is received" from the owner, a purchaser, a title company or their agents (§ 207.003(a)). The certificate must have been prepared no earlier than the 60th day before delivery (§ 207.003(a)(3)). An update is due within seven business days of a request made within 180 days of the original (§ 207.003(f)–(g)).
California. On written request, the association must provide the documents listed in Civil Code § 4525 "within 10 days of the mailing or delivery of the request" (Cal. Civ. Code § 4530(a)(1)). Delivery "shall not be withheld for any reason nor subject to any condition except the payment of the fee" (§ 4530(a)(3)).
Virginia. Under the Resale Disclosure Act, the association or its preparer "shall deliver such resale certificate within 14 days after a written request by a seller or seller's agent," and if it isn't delivered by then, "the resale certificate shall be deemed unavailable" (§ 55.1-2309(B)). An updated certificate is due within 10 days of a request, and a settlement agent's financial update within three business days (§ 55.1-2311).
Washington. The association must furnish a resale certificate "within 10 days after a request by a unit owner," subject to payment of the allowed fee (RCW 64.90.640(2)(a)).
Arizona. In a planned community with fewer than 50 properties, the seller delivers the disclosure packet within 10 days after the purchaser's offer is accepted. In a community of 50 or more, the seller notifies the association of the accepted offer, and the association delivers the packet "within ten days after receipt of the written notice" (A.R.S. § 33-1806(A)). A separate lien statement is due within 10 days of a written request (A.R.S. § 33-1807(J)).
Nevada. The association must furnish the documents and certificate for the resale package "[w]ithin 10 calendar days after receipt of a written request" by the owner or the owner's agent, and a statement of demand no later than 10 calendar days after a request (NRS 116.4109(3), (7)).
North Carolina. A statement of unpaid assessments "shall be furnished within 10 business days after receipt of the request" (N.C.G.S. § 47F-3-118(b)).
Georgia. In a community governed by the Property Owners' Association Act, a written request delivered to the association's registered office must be answered "within five business days" (O.C.G.A. § 44-3-232(d)).

Where a state has no resale statute, the timing and contents generally come from the declaration, the bylaws, any policy the board has adopted, and the purchase contract.

How much can an HOA charge for an estoppel or resale certificate?

It depends on the state. Florida's base cap is $250, adjusted for inflation to $299 as published by the state (Fla. Stat. § 720.30851(6), (9)); Texas caps the fee at $375 (Tex. Prop. Code § 207.003(c)); Arizona caps resale disclosure, lien estoppel and related services at $400 combined, before rush and update fees. California limits the fee to the association's actual cost.

The caps in these examples, including rush and update fees:

Florida. The statute sets $250 for a certificate when nothing is delinquent, an extra $100 for delivery within three business days on an expedited request, and up to $150 more when the account is delinquent (§ 720.30851(6)). Those amounts are "adjusted every 5 years" by the CPI, and the Department of Business and Professional Regulation publishes them (§ 720.30851(9)). Its current schedule lists $299, $119 and $179, with the next update due by July 1, 2027 (DBPR estoppel certificate fees).
Texas. An association "may charge a reasonable and necessary fee, not to exceed $375," for the certificate package and up to $75 for an update (§ 207.003(c)). It "may not charge a fee if the certificate is not provided in the time prescribed" (§ 207.003(c-1)).
California. There is no dollar cap. The association "may collect a reasonable fee from the seller based upon the association's actual cost" of procuring, preparing, reproducing and delivering the documents, and may not charge extra for electronic delivery (§ 4530(b)(1)). It must give a written estimate on the statutory form in § 4528, itemized per document, before processing the request (§ 4530(b)(2)), and a seller "shall not be required to purchase all of the documents" on that form (§ 4530(d)).
Virginia. The Common Interest Community Board sets the maximums, which must be adjusted for inflation at least every five years (Va. Code § 55.1-2316(C)). The Board's published schedule (effective January 12, 2023, amended July 1, 2023) allows $211.96 for a paper certificate or $176.64 electronic, $70.66 to expedite within five business days, $141.31 for an inspection where the declaration authorizes one, and $70.66 each for a post-closing fee and a pre-settlement update (CIC Board maximum allowable fees). An association can't collect these fees unless it is registered and current with the Board and offers electronic delivery (§ 55.1-2316(F)).
Washington. The charge "may not exceed $275, covering the direct costs of copying and providing such information," may not include extra charges for documents already kept on an owner website, portal or app, and an update within six months may cost up to $100 (RCW 64.90.640(2)(b)). The association also "may not require a unit owner to contract with or establish an account with a third party" to pay for or receive the certificate (RCW 64.90.640(2)(c)).
Arizona. The association may charge "not more than an aggregate of $400" for "resale disclosure, lien estoppel and any other services related to the transfer or use of the property," plus a rush fee of up to $100 for service within 72 hours and up to $50 to update a report that's 30 or more days old (§ 33-1806(D)). Fees may be collected no earlier than the close of escrow and charged only once per transaction, and an association that charges an unauthorized fee "is subject to a civil penalty of not more than $1,200" (§ 33-1806(E)).
Nevada. The certificate fee must be "based on the actual cost the association incurs" and "must not exceed $185," with up to $100 more for delivery sooner than three business days (NRS 116.4109(4)(b)). A statement of demand costs up to $165, plus up to $100 for delivery within three business days (NRS 116.4109(7)). The certificate fee and the statement-of-demand fees may rise each year with the CPI, but by no more than 3% a year (NRS 116.4109(4)(b), (7)). Any fee not authorized by the section, or above its limits, is prohibited (NRS 116.4109(8)).
North Carolina. A fee for a statement of unpaid assessments may not exceed $200 per statement or request, plus up to $100 to expedite if the request is made within 48 hours of closing (§ 47F-3-118(b); see also § 47F-3-102(13a)).
Georgia. "Payment of a fee not exceeding $10.00 may be required" for the statement, but only "if the instrument so provides" (§ 44-3-232(d)).

As for who pays: California and Virginia put the preparation fee on the seller (§ 4530(b)(8); § 55.1-2316(A)), Nevada's resale package is furnished "at the expense of the unit's owner" (NRS 116.4109(1)), and Arizona charges the selling member (§ 33-1806(D)). Elsewhere, the purchase contract often allocates closing costs between buyer and seller.

What does a resale certificate have to include?

It depends on the state; the longest lists run to about 30 items. Virginia's certificate must include the governing documents, assessment and fee statements, reserves, the budget, insurance, pending litigation, known violations and more (Va. Code § 55.1-2310(A)), and Washington's adds a mandatory notice to purchasers (RCW 64.90.640(1)).

Some notable items:

Texas requires 16 items, including any right of first refusal, regular and special assessments, the total unpaid, reserves, the budget and balance sheet, unsatisfied judgments and pending lawsuits, known violations on the property, "the amount of any administrative transfer fee," whether the restrictions allow foreclosure of the association's lien, and "a statement of all fees associated with the transfer of ownership" (§ 207.003(b)).
California lists the governing documents, the annual budget and reserve disclosures, a "true statement" of current assessments, unpaid amounts, fines and lien-eligible charges, unresolved violation notices, defect-litigation disclosures, approved but not yet due assessment changes, any rental prohibition, board minutes for the past 12 months if the buyer asks, and the report from the most recent exterior elevated element inspection under § 5551 (Cal. Civ. Code § 4525(a), last amended by SB 410, effective January 1, 2026).
Washington requires the statement "NONE" or "RECORDS UNAVAILABLE" for any category not provided. Since ESHB 1500 took effect on June 11, 2026, it also requires the most recent financial audit report available, all board-approved policies, procedures and resolutions currently in effect, and the most current reserve study rather than a summary (RCW 64.90.640(1)(h), (u); Laws of 2026, ch. 194).
Arizona requires minutes of the last three open board meetings, any outstanding cited violation, pending special assessments, the most recent reserve study, if any (or a summary if it runs over ten pages), and a purchaser acknowledgment that failing to pay assessments may lead to "collection activity by the association up to and including foreclosure action" (§ 33-1806(A)). HB 2397 (Laws 2026, ch. 249) rewrote this list, and the changes took effect September 12, 2026.
Nevada requires the declaration, bylaws, rules and the state's information statement, the monthly assessment and "any unpaid obligation of any kind," the budget and a year-to-date financial statement with a reserve summary, pending judgments and lawsuits, "any transfer fees, transaction fees or any other fees associated with the resale," and proof of insurance (NRS 116.4109(1)).
North Carolina and Georgia regulate only the statement of amounts owed. North Carolina's covers "unpaid assessments and other charges against a lot" (§ 47F-3-118(b)). Georgia's covers assessments "past due and unpaid together with late charges and interest" (§ 44-3-232(d)).

What if the estoppel certificate is wrong or late?

In most of these states the association is bound by the amounts it certifies, and a late or missing certificate has consequences. Texas terminates the association's lien for undisclosed amounts (Tex. Prop. Code § 207.005(a)). Georgia and Arizona extinguish the lien for unpaid assessments when a requested statement isn't provided on time (in Arizona, when an escrow agent requested it) (O.C.G.A. § 44-3-232(d); A.R.S. § 33-1807(J)).

The effect varies by state:

Florida. An association "waives the right to collect any moneys owed in excess of the amounts specified in the estoppel certificate" from anyone who relies on it in good faith, and no fee may be charged if the certificate isn't delivered within 10 business days (§ 720.30851(3)–(4)).
Texas. The association "may not deny the validity of any statement in the resale certificate" (§ 207.005(a)), though the certificate doesn't affect debts that arise after it was prepared (§ 207.005(b)). If the association misses the deadline, the owner may send a second request by certified mail or hand delivery, and if the information still isn't delivered before the fifth business day after that, the owner may seek a court order, a judgment of up to $5,000, court costs and attorney's fees. The owner may also give the buyer an affidavit, which terminates the association's lien for amounts due on that date (§ 207.004).
Virginia. A purchaser "shall not be liable for any unpaid assessment or fee greater than the amount set forth" in the certificate, and the association is bound by the stated assessments and violations unless the purchaser knew they were wrong (§ 55.1-2313(B)). If the preparer fails to comply, the purchaser isn't required to pay delinquent assessments or cure violations existing as of the certificate date, and the preparer is liable to the seller for actual damages up to $1,000 (§ 55.1-2314).
Washington. A purchaser isn't liable for unpaid amounts above those in the certificate, or, since ESHB 1500, for a governing-document violation from an alteration the association should have known about with reasonable diligence but didn't identify (RCW 64.90.640(3)(a)). An owner may sue the association or its agent over the fees, timeliness or preparation of a certificate, and the court may award attorneys' fees to the prevailing party (RCW 64.90.640(4)(b)).
Arizona. The disclosure information is "based on the good faith reliance on association records" (§ 33-1806(B)). A purchaser or seller damaged by the member or the association "knowingly or recklessly failing to disclose" required information, or "knowingly or recklessly providing materially false or misleading statements," may pursue remedies including attorney fees (§ 33-1806(C)). A lien statement requested by a licensed escrow agent is binding on the association, and failing to provide it on time "extinguishes any lien for any unpaid assessment then due" (§ 33-1807(J)).
Nevada. The purchaser isn't liable for any unpaid assessment or fee greater than the amount in the association's documents and certificate, and "[i]f the association fails to furnish the documents and certificate within the 10 calendar days allowed," the purchaser "is not liable for the delinquent assessment" (NRS 116.4109(5)). Payment of the amount on a statement of demand "constitutes full payment of the amount due from the selling unit's owner" (NRS 116.4109(9)).
North Carolina. The statement "is binding on the association, the executive board, and every lot owner" (§ 47F-3-118(b)).
Georgia. The statement is binding on the association and every lot owner. A failure to furnish it within five business days causes the lien for assessments "to be extinguished and of no further force or effect" as to the purchaser's or lender's interest in that transaction (§ 44-3-232(d)).
California. A person who "willfully violates" the transfer-disclosure article is liable to the purchaser for actual damages and a civil penalty of up to $500, with attorney's fees to the prevailing party (Cal. Civ. Code § 4540). A violation doesn't affect the validity of title (§ 4545).

These protections generally run to the amounts and facts as of the certificate date. Assessments that come due after closing are the new owner's obligation. The guide to HOA liens explains what an assessment lien secures.

Can a buyer cancel after reviewing the resale certificate?

In some states, yes, within a short statutory window. Nevada allows cancellation "until midnight of the fifth calendar day" after the buyer receives the resale package (NRS 116.4109(2)), and Washington allows five business days after the buyer first receives the certificate (RCW 64.90.640(3)(b)). Virginia defaults to three days.

How the windows work:

Virginia. If the contract doesn't set a period, the purchaser has three days from ratification (certificate delivered first) or from receipt (certificate delivered after ratification) to cancel, and may cancel any time before settlement if the certificate or a notice that it's unavailable was never delivered. Cancellation is "without penalty," and the deposit must be returned promptly (§ 55.1-2312). The contract itself must disclose this right (§ 55.1-2308).
Washington. ESHB 1500 changed the window from five days to five business days. A buyer who received the certificate more than five business days before signing has no cancellation right under the section, and one who receives it less than five business days before closing may extend closing to no more than five business days after receipt (RCW 64.90.640(3)(b)).
Nevada. Notice may be hand-delivered, mailed or sent electronically, and cancellation is "without penalty." A purchaser who has accepted a conveyance can no longer cancel under the section (NRS 116.4109(2)).

Florida's buyer-cancellation rule is tied to the seller's disclosure summary rather than the estoppel certificate; the Florida HOA estoppel certificate guide covers it.

Who pays the HOA transfer fee or capital contribution?

Whoever the declaration and the purchase contract say, within any state limits. State laws that void private transfer-fee covenants generally exempt fees paid to the association itself, such as Florida's (Fla. Stat. § 689.28(2)(c)7.) and Texas's (Tex. Prop. Code § 5.202(b)(7)). Certificates in several states must disclose the fee.

Many declarations charge something when a home changes hands, under names like transfer fee, capital contribution, working-capital contribution or resale fee. Whether one applies, how much it is and who owes it comes from the recorded declaration and any board resolution it authorizes. The guide to bylaws, CC&Rs and rules explains where those provisions sit. State law touches these fees in two ways.

Disclosure. Several certificates must list them. Florida's form asks: "Is there a capital contribution fee, resale fee, transfer fee, or other fee due?" (§ 720.30851(1)(h)6.). Texas requires "the amount of any administrative transfer fee" and a description of every transfer-related fee, who it is paid to and how much (§ 207.003(b)(13), (16)). Arizona requires "[t]he amount and purpose of any title transfer fee or other similar fee, however denominated, that is authorized in the declaration" (§ 33-1806(A)(4)(e)). Nevada requires "any transfer fees, transaction fees or any other fees associated with the resale" (NRS 116.4109(1)(e)).

Private transfer-fee laws. Several states void covenants that require a fee to a developer or other third party each time the property sells, while carving out association fees:

Florida. Transfer fee covenants recorded on or after July 1, 2008, don't run with the land and aren't enforceable (§ 689.28(3)). Excluded from the definition is "[a]ny fee, charge, assessment, fine, or other amount payable to a homeowners', condominium, cooperative, mobile home, or property owners' association pursuant to a declaration or covenant or law," including estoppel fees (§ 689.28(2)(c)7.).
Texas. A private transfer fee obligation created on or after the subchapter's effective date "is not binding or enforceable" and "is void" (§ 5.202(a)). Fees payable under a declaration to an association, including a change-of-ownership fee or a resale certificate fee, are excluded, provided no portion has to be passed through to a third party named or identifiable in the documents, unless it is paid to the association or its manager (§ 5.202(b)(7)).
Arizona. A covenant requiring a transfer fee to a declarant or third person is unenforceable (A.R.S. § 33-442(A)–(B)), but the section doesn't apply to a fee paid to an association "to be used exclusively for the purpose authorized in the document" if the fee "touches and concerns the land" and isn't required to be passed through to an outside party (§ 33-442(C)(3)). The association can't charge such a fee for conveyances exempt under § 11-1134(B)(3) or (7), other than records-administration service fees authorized in a managing agent contract (§ 33-442(E)).
California. The definition of a "transfer fee" in the Civil Code excludes "[a]ssessments, charges, penalties, or fees authorized by the Davis-Stirling Common Interest Development Act" (Cal. Civ. Code § 1098(a)(7)).

A federal rule adds a mortgage-market angle. Fannie Mae, Freddie Mac and the Federal Home Loan Banks may not deal in mortgages on properties encumbered by private transfer fee covenants created on or after February 8, 2011, unless the covenant is an "excepted transfer fee covenant" (12 C.F.R. §§ 1228.2–1228.3). That exception covers a fee paid to a "covered association," which includes a mandatory-membership homeowners' association, when the fee is limited to purposes that directly benefit the encumbered property, and the definition of a private transfer fee excludes fees that "defray actual costs of the transfer of the property, including transfer of membership in the relevant covered association" (12 C.F.R. § 1228.1). The rule doesn't affect state restrictions (§ 1228.4).

Which statute applies to condominiums and older communities?

These examples are HOA (planned-community) statutes, and some states use a separate section for condominiums. Florida condominiums follow Fla. Stat. § 718.116(8), Texas condominiums Tex. Prop. Code § 82.157, and Arizona condominiums A.R.S. § 33-1260. Other states use one law for both.

Virginia's Resale Disclosure Act covers property owners' associations, condominiums and cooperatives alike (§ 55.1-2307). California's Davis-Stirling Act covers condominium projects and planned developments alike (Cal. Civ. Code § 4100), and Nevada's chapter 116 likewise applies the same resale section to condominiums and planned communities.

Coverage gaps matter, too:

Washington. Until January 1, 2028, the Uniform Common Interest Ownership Act, including its resale-certificate section, applies only to communities created on or after July 1, 2018, and older ones that amend their declarations to opt in (RCW 64.90.360(2)). The guide to which Washington laws govern a community explains the 2028 transition.
North Carolina. The Planned Community Act generally applies to communities created on or after January 1, 1999, but its records section, including the statement-of-unpaid-assessments rule, also applies to older communities unless their articles or declaration expressly provide otherwise (N.C.G.S. § 47F-1-102(c)).
Georgia. The Property Owners' Association Act applies only where the declaration or an amendment states "an affirmative election to be so governed" (O.C.G.A. § 44-3-222).
Arizona and Nevada. Some sales are exempt, such as certain conveyances listed in § 33-1806(G) and, in Nevada, gifts, foreclosures and certain small planned communities (NRS 116.4101(2)). Virginia lists its exemptions in § 55.1-2317.

When it's unclear which association covers a property, the guide on how to find out who your HOA is covers where that information is usually recorded.

Frequently asked questions

Is an estoppel letter the same as an HOA payoff statement?

They overlap. An estoppel certificate is the association's statement of what is owed, and in states like Florida, Texas, Virginia, Nevada, North Carolina and Georgia the association is held to the amounts it states. Nevada calls the closing figure a "statement of demand" and treats its payment as "full payment of the amount due from the selling unit's owner" (NRS 116.4109(9)). A mortgage payoff letter is separate and comes from the lender.

How long is an estoppel or resale certificate good for?

It depends on the state. A Florida estoppel certificate has a 30-day effective period if hand-delivered or sent electronically and 35 days if mailed (Fla. Stat. § 720.30851(2)). A Nevada resale package "remains effective for 90 calendar days," and a statement of demand stays effective for the period it states, which must be at least 15 business days (NRS 116.4109(5), (7)(b)). A Texas certificate must be prepared within 60 days before delivery, and an update can be requested within 180 days (Tex. Prop. Code § 207.003(a)(3), (g)). Virginia allows an updated certificate when the original was issued more than 30 days but less than 12 months before settlement (Va. Code § 55.1-2311(A)).

Can the HOA refuse to provide the certificate until fines are paid?

The statutes in these examples tie delivery to the request and the authorized fee, not to the owner's account being current. California says delivery "shall not be withheld for any reason nor subject to any condition except the payment of the fee" (Cal. Civ. Code § 4530(a)(3)). Florida requires the association to issue the certificate within 10 business days of a request, and its fee rules include an added charge for when a delinquent amount is owed (§ 720.30851(6)). In both states, unpaid amounts are listed on the certificate as amounts owed.

Does every state cap HOA estoppel or resale certificate fees?

No. Where a state's HOA law doesn't address resale or estoppel certificates, the fee and timing come from the governing documents, any board-adopted fee schedule and the purchase contract. Even among the states that do, the approach varies: California limits the fee to actual cost with no dollar cap (§ 4530(b)), while Virginia delegates the caps to a state board (§ 55.1-2316(C)). Georgia's $10 cap applies only in communities that opted in to its Property Owners' Association Act.

Sources

Keep reading

The rules above are the general picture; the details come from state law. Every state's article on this question is listed on HOA fees & dues by state, and each state guide explains the governing statute.