Recent Changes made to the Florida Condominium Act

The Condominium Act, found under Chapter 718, Florida Statutes, was amended in May 2022 to address the maintenance issues that Florida’s aging condominiums are facing in light of the tragedy that took place in Surfside. Anyone who either owns a condominium or is interested in purchasing a condominium should be aware of these recent amendments to the Condominium Act that passed with respect to condominium reserves.

Important Information about the SB 4-D as it Relates to Condominium Building Safety 

Following the collapse of Champlain Towers South, a condominium in Surfside, Florida, the Florida state legislature changed the requirements for how often condominiums are inspected to ensure similar tragedies do not occur again. On May 26, 2022, Governor DeSantis signed Senate Bill SB 4-D into law, which establishes certain inspection requirements, such as mandatory milestone inspections, and which addresses the requirement for condominium reserves.

What is the Milestone Inspection? 

A milestone inspection is a new Florida state-wide inspection program for condominium and cooperative associations that are three stories or higher. The examination ensures the building is in good condition and may help prevent future safety problems. Only a Florida-licensed engineer or architect can conduct this inspection.

There are two phases of the Milestone Inspection. Phase one milestone inspections include a visual examination of the structure by a licensed architect or engineer to provide a qualitative assessment of the building’s structure. The purpose of this inspection is to identify any substantial structural deterioration that negatively affects the building’s general structural condition and integrity. If any substantial structural deterioration exists, a phase two milestone inspection is required. In a phase two milestone inspection, the inspector will conduct a more thorough review to see if any other areas need attention. To fully assess the deterioration, this inspection may be more thorough than the initial one, and possible destructive or nondestructive testing may be required depending on the severity of the issues.

When should the Milestone Inspection be Conducted? 

Generally, if a building is three stories or higher, the first milestone inspection must be done by December 31st of the year that the building reaches thirty years old, then additional milestone inspections must be done every ten years after. However, if the building is located three miles or less from the coastline, this first milestone inspection must be done at the twenty-five-year mark instead, then every ten years after.

The first set of inspections will be due by the end of 2024 for any buildings with a certificate of occupancy issued on or before July 1, 1992.

Reserves

Prior to the new law being passed, condominium association members could vote to waive or reduce reserves. As such, many condominiums could not fund expensive maintenance repairs or emergencies, resulting in residents sometimes paying special assessments. As of December 31, 2024, waiving reserves will be a thing of the past for condominiums that are three stories or higher. The new Structural Integrity Reserve Study (SIRS) will ensure that condominiums that are three stories or higher reserve funds to maintain repairs and replace various building structures. Condominium and cooperative associations must complete a structural integrity reserve study every ten years. For condominiums existing on or before July 1, 2022, the first structural integrity reserve study must be completed by December 31, 2024. The examination must, at a minimum, be conducted for the following components:

• Roof
• Load-bearing walls/other primary structural members
• Floor
• Foundation
• Fireproofing and fire protection systems
• Plumbing
• Electrical systems
• Waterproofing and exterior painting
• Windows
• Any other items requiring replacement/repair costs that exceed $10,000 and the failure to replace/maintain the item.

Based on the results the structural integrity reserve study, the condominium association must establish reserves for any items that will need to be replaced or repaired.

Important Takeaway

The new requirements likely mean that associations that have usually waived or reduced their reserves, in the past, will have to pay more in maintenance fees and assessments. While this means assessments will likely increase, and in turn, require more money to be paid into the association’s reserves, the upside is these changes will, hopefully, prevent another unnecessary tragedy. If you own a condominium or are considering purchasing a condominium, always request financials from the association to ensure that there are sufficient funds in the reserve for repairs.

Nishad Khan, P.L. is a law firm of Orlando real estate attorneys who have experience in handling condominium law matters, for more information, please call our office at (407) 228-9711 today.