After the tragic condo collapse in Surfside, Florida, the Florida state legislature took swift action to implement inspection reform to mitigate the risk of a similar tragedy in the future. As of May 27th, 2022, Florida passed several laws to keep building safer in the state by requiring specific inspections and funding mechanisms. These new Florida condo laws mean significant changes for building owners across Florida, all within a relatively short time.
This article will help you understand the new laws and how to take the correct action now to ensure you are in full compliance. It’s a confusing time for everyone affected, and we can all use some extra clarity. Our experts dove through the 88 page document and outline what you need to know so you can focus on making your building safer instead of deciphering the wordy documents.
Milestone Inspections
Addition of F.S. 533.889 – Milestone Inspections
What buildings does this law affect, and what does the new law say?
Structural inspections are now mandatory for condominium and cooperative buildings that are 3 stories or greater in height.
What do I have to do?
Have a Milestone Inspection performed when a building is 30 years old and every ten years after the initial inspection. If your building is within 3 miles of the coastline, a Milestone Inspection must be performed when the building is 25 years old and every ten years after the initial inspection.
What else do I need to know about this inspection?
The purpose is to verify the safety and adequacy of the structural components of the building. There are two possible phases of this Milestone Inspection. If you pass the first, you don’t need the second. If you don’t pass the first, you’re required to have the second performed, which is much more extensive.
Phase 1 is a visual examination and qualitative assessment. Ideally, this will be all you have to complete.
Phase 2 is a full assessment of distress to determine if the building is structurally sound and safe for its intended use. The inspector is to recommend a program for complete evaluation and repair of distressed and damaged portions of the building.
A Florida Licensed Engineer or Architect must perform both phases of this Milestone Inspection.
When is the deadline?
If your building is over 30 years old (or 25 if you’re within 3 miles of the coast), you must complete this inspection by December 31st, 2024.
What does BE-CI recommend you know about this new Florida condo law?
Don’t wait to get started on this. If you act now, you can likely avoid a Phase 2 inspection by correcting any items that might force you into a Phase 2, before the December 31st, 2024 date. Those who wait may be forced into a more expensive Phase 2 can’t make necessary repairs in time.
I want to encourage you to start the process NOW before the Milestone Inspections requirements are in effect. If you complete a general Exterior Condition Survey and repair items that might move you to a phase 2 after the effective date, then you can avoid the shot clock of the statue and plan more appropriately.
– Josh Tatum (BE-CI COO)
(*If a building is less than 3 miles from the coastline, these inspections start at year 25).
Structural Integrity Reserve Studies
Amendment of F.S. 718.103, 718.112, 719.103, 719.106
What buildings does this law affect?
Structural inspections are now mandatory for condominium and cooperative buildings that are 3 stories or greater in height.
When is the deadline?
You must complete this study by December 31st, 2024.
What does the new law say?
There is now a requirement for a Structural Integrity Reserve Study and mandating that buildings fund and maintain the necessary reserves.
What is a reserve study?
A reserve study evaluates a building and determines how long important components will last and what it will cost to fix them later. It’s a way for building owners and managers to financially plan for the future and keep adequate reserves on hand for inevitable future repairs. You can see a short sample excerpt below:
What does BE-CI recommend you know about this new Florida condo law?
Starting now is key to handling this new legislation. If you get the reserve study sooner rather than later, you can work to fund your mandatory reserves in the years leading up to the 2024 deadline. If you wait until the last minute and the reserve study requires more funds than you expect (it often does), you may be unable to comply easily, and you’ll have special assess costs on your hands.
IMPORTANT WARNING ABOUT THIS LAW
In the past, Florida legislation did not require condo associations to fund their reserve studies fully, and there were loopholes and workaround that gave condo owners flexibility with their funds.
This new law requires associations to keep their structural integrity reserves fully funded based on the reserve study or risk legal backlash.
This change gives the inspectors an extreme amount of power, and you should hire yours with extreme caution.
Many of these inspectors are more conservative by profession and have a significant incentive to err on the side of caution when it comes to their inspections. This caution is often productive when management can take their recommendations with a grain of salt, get second opinions, or do further research to make final decisions.
With these new laws, if the inspector incorrectly claims a building needs extensive repair and to keep considerable funds on reserve, legally, the associate must comply. Associations can face financial hardship due to an overly conservative or improperly trained inspector, so finding a Florida licensed engineer or architect you can trust is essential. Make sure your inspector employs a sensible approach when making any and all recommendations for repairs and funding.
Final Thoughts
These new Florida condo laws will have a positive impact on the safety of buildings in Florida. At BE-CI, we understand the necessity of continual testing and are thankful these new Florida condo laws will establish proactive oversight as a new norm for the state.
