08/09/2022
What you need to know about the Florida Legislation Senate Bill 4-D for Condominium Inspection and Repairs
On May 26, 2022, Governor DeSantis signed into law Senate Bill 4-D during a special legislative session as a response to the Surfside Condo Collapse. The Bill established a statewide structural inspection program, requiring Condominium and Cooperative Associations to conduct Milestone Structural Inspections of their buildings and to perform Structural Integrity Reserve Studies to ensure that Condominium and Cooperative buildings are safe for continued use. The bill will require that condominiums be re-certified after 30 years if they are three stories or higher or are 25 years old and within three (3) miles of the coastline. If an Association is older than thirty (30) years old (e.g., the building’s certificate of occupancy was issued on or before July 1, 1992), the Association must conduct a Milestone Structural Inspection of the buildings within its community before December 31, 2024 and every 10 years after that be required to re-certify. Condominium Association Boards will be required to set aside money in reserves to cover future repairs starting in 2025. The Association is responsible for all costs associated with performing a Milestone Structural Inspection. The Milestone Structural Inspection Report is an official record of the Association. The Report must be maintained by the Association for fifteen (15) years. A Tenant of a Unit has a right to inspect an Association’s Milestone Structural Inspection Report, and a prospective purchaser of a Unit has a right to inspect an Association’s Summary of the Report. The condo boards will also be required to conduct reserve studies every decade to make sure they have the resources to finance needed structural repairs. The proposal will also open condo board members (many volunteers) to lawsuits if they ignore inspection requirements. It is a breach of an Officer or Director’s fiduciary duty if the Association fails to complete a Structural Integrity Reserve Study, as necessary. Each Association must provide certain information about its buildings to the Division of Florida Condominiums, Timeshares, and Mobile Homes on or before January 1, 2023. The condo reforms are in response to the partial collapse of a 136-unit building in Surfside last June that left 98 dead.
https://www.flsenate.gov/Session/Bill/2022D/4D/BillText/er/PDF
https://www.natlawreview.com/article/governor-desantis-signs-senate-bill-establishing-building-safety-act-condominium
https://www.tampabay.com/news/florida-politics/2022/05/25/florida-legislature-passes-condo-law-on-inspection-repairs/
Starting in 2025, condo boards will need to set aside reserve money to cover future repairs.