Florida Statutes 718.112(2)(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.

The declaration, articles, and bylaws of the Enclave do not require that the association perform any kind of approval of transfers and do not specify fees for any such approvals. The association has been illegitimately collecting a large transfer fee during each unit sale for many years. It now shows up in the budget as ‘estoppel fee income’. The association, its board members, and the association’s attorney have all been made aware of this statute, but have apparently decided to ignore it – as is evidenced by the $12k of estimated estoppel fee income in the 2024 budget.