Homeowners associations; cap fees for estoppel certificates.

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To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackwell

SENATE BILL NO. 2644

AN ACT TO CAP THE FEES HOMEOWNERS ASSOCIATIONS AND THEIR 1
MANAGEMENT COMPANIES MAY CHARGE FOR VERIFYING PAID ASSESSMENTS; 2
AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. (1) Within 10 (ten) business days after 5
receiving a written or electronic request for an estoppel 6
certificate from a parcel owner or the parcel owner's designee, or 7
a parcel mortgagee or the parcel mortgagee's designee, the 8
homeowners association shall issue the estoppel certificate 9
verifying paid assessments by parcel owners. Each homeowners 10
association shall designate on its website a person or entity with 11
a street or email address for receipt of a request for an estoppel 12
certificate issued pursuant to this section. The estoppel 13
certificate must be provided by hand delivery, regular mail, or 14
email to the requestor on the date of issuance of the estoppel 15
certificate. 16
(2) An estoppel certificate may be completed by any board 17
member, authorized agent, or authorized representative of the 18
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association, including any authorized agent, authorized 19
representative, or employee of a management company authorized to 20
complete this form on behalf of the board or association. The 21
estoppel certificate must contain all of the following information 22
and must be substantially in the following form: 23
(a) Date of issuance: 24
(b) Name(s) of the parcel owner(s) as reflected in the 25
books and records of the association: 26
(c) Parcel designation and address: 27
(d) Parking or garage space number, as reflected in the 28
books and records of the association: 29
(e) Attorney's name and contact information if the 30
account is delinquent and has been turned over to an attorney for 31
collection. No fee may be charged for this information. 32
(f) Fee for the preparation and delivery of the 33
estoppel certificate: 34
(g) Name of the requestor: 35
(h) Assessment information and other information: 36
ASSESSMENT INFORMATION: 37
(i) The regular periodic assessment levied against 38
the parcel is $ _______ per _______ (insert frequency of payment). 39
(ii) The regular periodic assessment is paid 40
through _____________________________ (insert date paid through). 41
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(iii) The next installment of the regular periodic 42
assessment is due ______________________ (insert due date) in the 43
amount of $ _________________. 44
(iv) An itemized list of all assessments, special 45
assessments, and other monies owed on the date of issuance to the 46
association by the parcel owner for a specific parcel is provided. 47
(v) An itemized list of any additional 48
assessments, special assessments, and other monies that are 49
scheduled to become due for each day after the date of issuance 50
for the effective period of the estoppel certificate is provided. 51
In calculating the amounts that are scheduled to become due, the 52
association may assume that any delinquent amounts will remain 53
delinquent during the effective period of the estoppel 54
certificate. 55
OTHER INFORMATION: 56
(vi) Is there a capital contribution fee, resale 57
fee, transfer fee, or other fee due? (Yes) _______ (No)________. 58
If yes, specify the type and amount of the fee. 59
(vii) Is there any open violation of rule or 60
regulation noticed to the parcel owner in the association official 61
records? (Yes) _______ (No) _______. 62
(viii) Do the rules and regulations of the 63
association applicable to the parcel require approval by the board 64
of directors of the association for the transfer of the parcel? 65
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(Yes) _______ (No) _______. If yes, has the board approved the 66
transfer of the parcel? (Yes) _______ (No) _______. 67
(ix) Is there a right of first refusal provided to 68
the members or the association? (Yes) _______ (No) _______. If 69
yes, have the members or the association exercised that right of 70
first refusal? (Yes) _______ (No) _______. 71
(x) Provide a list of, and contact information 72
for, all other associations of which the parcel is a member. 73
(xi) Provide contact information for all insurance 74
maintained by the association. 75
(xii) Provide the signature of an officer or 76
authorized agent of the association. 77
The association, at its option, may include additional 78
information in the estoppel certificate. 79
(3) An estoppel certificate that is hand delivered or sent 80
by electronic means has a 30-day-effective period. An estoppel 81
certificate that is sent by regular mail has a 35-day-effective 82
period. If additional information or a mistake related to the 83
estoppel certificate becomes known to the association within the 84
effective period, an amended estoppel certificate may be delivered 85
and becomes effective if a sale or refinancing of the parcel has 86
not been completed during the effective period. A fee may not be 87
charged for an amended estoppel certificate. An amended estoppel 88
certificate must be delivered on the date of issuance, and a new 89
30-day or 35-day-effective period begins on such date. 90
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(4) An association waives the right to collect any monies 91
owed in excess of the amounts specified in the estoppel 92
certificate from any person who in good faith relies upon the 93
estoppel certificate and from the person's successors and assigns. 94
(5) If an association receives a request for an estoppel 95
certificate from a parcel owner or the parcel owner's designee, or 96
a parcel mortgagee or the parcel mortgagee's designee, and fails 97
to deliver the estoppel certificate within ten (10) business days, 98
a fee may not be charged for the preparation and delivery of that 99
estoppel certificate. 100
(6) A summary proceeding may be brought to compel compliance 101
with this section, and the prevailing party is entitled to recover 102
reasonable attorney fees. 103
(7) An association or its authorized agent may charge a 104
reasonable fee for the preparation and delivery of an estoppel 105
certificate, which may not exceed Two Hundred Dollars ($200.00), 106
if, on the date the certificate is issued, no delinquent amounts 107
are owed to the association for the applicable parcel. If an 108
estoppel certificate is requested on an expedited basis and 109
delivered within three (3) business days after the request, the 110
association may charge an additional fee of Fifty Dollars 111
($50.00). If a delinquent amount is owed to the association for 112
the applicable parcel, an additional fee for the estoppel 113
certificate may not exceed One Hundred Dollars ($100.00). 114
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(8) If estoppel certificates for multiple parcels owned by 115
the same owner are simultaneously requested from the same 116
association and there are no past-due monetary obligations owed to 117
the association, the statement of moneys due for those parcels may 118
be delivered in one or more estoppel certificates, and, even 119
though the fee for each parcel shall be computed as set forth in 120
subsection (6) of this section, the total fee that the association 121
may charge for the preparation and delivery of the estoppel 122
certificates may not exceed, in the aggregate: 123
(a) For twenty-five (25) or fewer parcels, Five Hundred 124
Dollars ($500.00). 125
(b) For twenty-six (26) to fifty (50) parcels, One 126
Thousand Dollars ($1,000.00). 127
(c) For fifty-one (51) to one hundred (100) parcels, 128
One Thousand Five Hundred Dollars ($1,500.00). 129
(d) For more than one hundred (100) parcels, Two 130
Thousand Five Hundred Dollars ($2,500.00). 131
(9) The authority to charge a fee for the preparation and 132
delivery of the estoppel certificate must be established by a 133
written resolution adopted by the board or provided by a written 134
management, bookkeeping, or maintenance contract and is payable 135
upon the preparation of the certificate. If the certificate is 136
requested in conjunction with the sale or mortgage of a parcel, 137
but the closing does not occur and no later than thirty (30) days 138
after the closing date for which the certificate was sought the 139
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ST: Homeowners associations; cap fees for
estoppel certificates.
preparer receives a written request, accompanied by reasonable 140
documentation, that the sale did not occur from a payor that is 141
not the parcel owner, the fee shall be refunded to that payor 142
within thirty (30) days after receipt of the request. The refund 143
is the obligation of the parcel owner, and the association may 144
collect it from that owner in the same manner as an assessment as 145
provided in this section. The right to reimbursement may not be 146
waived or modified by any contract or agreement. The prevailing 147
party in any action brought to enforce a right of reimbursement 148
shall be awarded damages and all applicable attorney fees and 149
costs. 150
SECTION 2. This act shall take effect and be in force from 151
and after July 1, 2026. 152