When nearly 100 people died in the tragic Champlain Towers South collapse, Florida instituted a series of provisions designed to avert similar disasters and prioritize condominium safety. Some of the laws stemming from the 2021 disaster in Surfside require extensive investments of time, planning, money and effort from condominium associations and owners alike. However, despite strict penalties for noncompliance, many boards missed a key deadline and have not communicated with condominium owners about what actions are being taken or plans that will affect condominium ownership. 

One of the prominent condominium safety reforms was that all buildings three stories or taller and over 30 years old (or 25 years old if located within three miles of the coast) had to undergo a mandatory milestone structural inspection from a licensed engineer or architect by December 31, 2024. Several municipal officials have said that a substantial portion of the condos in their jurisdictions have not filed these “Phase One” reports. Where problems are identified within a structure, Phase Two would involve appropriate repairs if any substantial structural deterioration is identified in Phase One. Going forward, even buildings that have successfully completed a Phase One inspection will have to conduct an inspection and associated Structural Integrity Reserve Study every 10 years. 

A milestone inspection report will include: 

• A list of the material findings and recommendations.

• A description of how the inspection was performed.

• An identification of any substantial structural deterioration and repair recommendations.

• A determination of whether unsafe or dangerous conditions were identified.

• A recommendation for remedial or preventive repair of non-substantial structural deterioration.

• An identification of items requiring further inspection.

• A separate summary of findings.

• A signature and seal by the licensed professional who performed the inspection.

As part of the post-Champlain Towers reforms, condo associations must also create a reserve funding plan to ensure they have sufficient monies on hand for maintenance and necessary repairs. However, the financial burden of inspections, repairs and reserve funding plans has put a strain on unit owners, many of whom expect to see their ownership costs increase sharply in order to satisfy the new standards. 

A structural Integrity Reserve Study involves careful budget planning to evaluate the parts of a condominium building that a condominium association is required to maintain, examine the current status of the existing reserve funds, and a further look into the amount of possible funding that will be needed to offset and take care of anticipated expenses for the structure. The Structural Integrity Reserve Study is a special type of study used to ensure that condo owners are reserving the necessary funds for major future repairs and replacement of the structural elements of the condominium property or building. The Structural Integrity Reserve Study will include eight specific structural elements that are critical to the safety and integrity of the building, including: 

• Roof

• Structural Systems

• Fireproofing and Fire Protection Systems

• Plumbing

• Electrical Systems

• Waterproofing and Exterior Painting

• Windows and Exterior Doors

• Other elements over $10,000 that have an impact on the structural integrity of the building as determined by the visual portion of the SIRS

Realtors say the market has taken notice of the additional financial burden. An enormous amount of condo units in older buildings have been put up for sale and purchase prices are lower than last year. Higher property insurance premiums have added to the expense faced by unit owners. These important considerations related to condominium ownership in Florida have now created skepticism for current condo owners and prospective condo purchasers. 

In response to the new financial obligations and their effects on condominium owners, the Florida House has passed legislation aimed at relieving some of the pressure. The law would allow condo associations to access credit in order to meet their reserve responsibilities. Other changes are also being proposed, including a ban on having the same company perform a structural reserve study and the subsequent repair work. Another provision would require electronic voting for condominium elections, protecting the rights of unit owners who might not live on the premises all year long. A similar bill in the Senate would pause the reserve-fund requirement for two years. 

Given the fluid nature of the law relating to condominium safety, it is essential for boards to stay on top of the latest developments or risk sanctions that make a tough situation even worse for themselves and their unit owners. Similarly, it is crucial that condo unit owners now stay informed and abreast of updates related to their condominium building and association so that they are not caught unprepared or off guard as important changes take place. Retaining a Florida attorney with extensive experience representing condo associations and condo unit owners in compliance matters as well as legal disputes can help you meet fiduciary or ownership obligations, and proactively avoid unnecessary problems. 

At Befeler Law Firm, P.A. in Tampa, we handle a full range of legal matters relating to Florida condominium and homeowners’ associations. For a consultation, please call 813-489-1040 or contact us online.