A few years ago the Florida Association of Realtors (FAR) got this change made to the Florida Condominium Act 718 to limit the just plain crazy fees that association management companies were charging to approve applications for a Lease or a Sale. At that time it was $100 per “applicant” but it’s been updated since then and is now $150 per “applicant” as per FS 718.112 BUT MAY be adjusted by the cpi (inflation). The condo docs must allow for a fee. The Condo Board must set the fee (to be $150 or less). Note below the definition of an applicant that spouses and /or parents (plural), be they married or not, and any dependent children are considered one applicant. So, and applicant with a spouse and any minor children is ONE applicant so $150. And also note that this statutory cap MAY be increased for inflation every 5 years to a number calculated, and published, by DBPR.
(k) Transfer fees.—An association may not charge a fee in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless the association is required to approve such transfer and a fee for such approval is provided for in the declaration, articles, or bylaws. Any such fee may be preset but may not exceed $150 per applicant. For the purpose of calculating the fee, spouses or a parent or parents and any dependent children are considered one applicant. However, if the lease or sublease is a renewal of a lease or sublease with the same lessee or sublessee, a charge may not be made. Such fees must be adjusted every 5 years in an amount equal to the total of the annual increases occurring in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items during that 5-year period. The Department of Business and Professional Regulation shall periodically calculate the fees, rounded to the nearest dollar, and publish the amounts, as adjusted, on its website. The foregoing notwithstanding, if the authority to do so appears in the declaration, articles, or bylaws, an association may require that a prospective lessee place a security deposit, in an amount not to exceed the equivalent of 1 month’s rent, into an escrow account maintained by the association. The security deposit shall protect against damages to the common elements or association property. Payment of interest, claims against the deposit, refunds, and disputes under this paragraph shall be handled in the same fashion as provided in part II of chapter 83.
