As a result of the Surfside condominium building collapse, the Florida Senate recently passed Bill 4D to protect condominium residents and ensure structural integrity of their homes. The bill requires mandatory milestone structural inspections and structural integrity reserve studies. The main components of the new law are below.

Overview

·      Milestone inspection required on 25th year (3 miles from coast)

·      Milestone inspection required on 30th year (all others)

·      Duty to provide inspection report

·      Structural reserves may not be waived/ reduced

Structural Inspections for Condominiums and Cooperatives

Application: Condominium and cooperative buildings that are 3 or more stories tall must complete an inspection by December 31 of the year in which the building reaches 30 years of age and every 10 years thereafter. If a building is within 3 miles of the coast, the inspection must be completed when the building turns 25, followed by every 10 years thereafter.

Scope of Inspection: The inspection must be performed by a licensed architect or engineer and include a review of all essential structural components. If the inspection finds deficiencies in the building, a secondary, more thorough inspection is required to confirm that the building is structurally sound.

Inspection Report: The inspecting architect or engineer must provide a sealed and signed inspection report detailing their findings and recommendations. A copy of the inspection report(s) must be: (i) provided to unit owners, (ii) posted on-site, (iii) posted on the association’s website, and (iv) maintained as an official record of the association.

Older buildings: If the certificate of occupancy for the building was issued on or before July 1, 1992, it must be inspected by December 31, 2024.

Structural Reserve Studies

Application: All condominium and cooperative buildings that are 3 stories or more.

Scope of Study: The reserve study must address the following: roofs, load-bearing walls and other primary structural components, floors, foundations, fireproofing and fire-protection systems, plumbing, electrical systems, waterproofing and exterior painting, windows, and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000.00, and the failure to maintain such item would negatively affect one or more of the above listed items.

Deadline: All unit owner-controlled associations must obtain the study on or before December 31, 2024. Must obtain a subsequent study every 10 years thereafter.

Reserve Funding

Associations must establish and fund structural reserves in accordance with the reserve study. As of December 31, 2024, structural integrity reserves may not be waived or reduced.

Property Managers

Manager’s professional standards are amended to include compliance with Florida Statute 553.899, which are the new mandatory structural inspections.

 This information is provided for educational purposes only and should not be construed as legal advice or representation and should not be relied upon as such. Broward, Palm Beaches & St. Lucie Realtors® cannot provide legal advice or opine about the specifics of your situation.