The Florida legislature passed a bill that has major implications to Condominiums in Florida. The bill was signed into law by Governor DeSantis on May 26, 2022. These are life safety updates regarding structural inspections and funding of reserves. This bill was a direct result of the Champlain Tower collapse that occurred last year where 98 people died.
Condominium buildings 3 or more stories will now be required to have a “Milestone Inspection” within 30 years from date of occupancy, if the building is within 3 miles of the coastline the inspection must occur within 25 years, after the initial inspection it must be done every 10 years thereafter. Existing condominiums built before July 1, 1992, will need to complete the initial milestone inspection by December 31, 2024
Required milestone inspection are to be conducted by a licensed architect or engineer authorized to practice in the state of Florida. A milestone inspection means a structural inspection of the building, including an inspection of load-bearing walls and the primary structural members and primary structural systems as defined in Florida statute s. 627.706.
Phase 1 inspection requires the architect or engineer to perform a visual inspection of the properly and undertake a qualitative assessment of the building’s condition. If the phase 1 inspection reveals no signs of structural deterioration, then a phase 2 inspection is not required. A phase 2 inspection is required if structural deterioration is noted, the phase 2 inspection may require destructive testing.
The inspector’s report is provided to the association as well as the local building official. The association must distribute a copy of the inspector-prepared summary of the inspection report to each unit owner regardless of the findings or recommendations in the report. Any repairs for structural deterioration must be commenced within 365 days after receiving such report or earlier is required by local authorities.
The new law also includes a requirement for a “Structural integrity reserve study”, this is a study of the reserve funds required for future major repairs and replacement of common areas based on visual inspection, this study must at a minimum identify the common areas being inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense, the report must also provide a recommended annual reserve amount that achieves the replacement cost by the end of the remaining useful life of the component.
The structural integrity reserve study must be completed at least every 10 years after condominium creation for each building on property that is 3 stories or more. at a minimum the following items as related to structural integrity and safety of the building:
- Roof
- Load-bearing walls or others structural members
- Floor
- Foundation
- Fireproofing and fire protection systems
- Plumbing
- Electrical systems
- Waterproofing and exterior painting
- Windows
- Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed above as determined by the licensed engineer or architect performing the visual inspection portion of the reserve study.
Associations existing on or before July 1, 2022, must have a structural integrity reserve study completed by December 31, 2024. If an association fails to complete the study, such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners.
2022-Special-Session-Condo-Law-Changes