In May 2022, the Florida Legislature enacted sweeping changes to its condominium laws (read more about the new laws here). Many of the new laws address condominium building safety, reserve funds, and increased transparency between condo boards and unit owners. While condominium law reform has been long overdue, the new laws still raise questions as to their implementation.
Structural Integrity Reserve Study Items
Pursuant to Section 718.112(2)(f), Florida Statutes, associations are required to conduct structural integrity reserve studies for certain items, for which they are prohibited from waiving reserves. These items include the roof, plumbing, windows, and any other item that has a deferred maintenance or replacement cost exceeding $10,000.00.
However, depending on each association’s governing documents, such items may actually be the unit owner’s responsibility to maintain and repair. For example, some declarations state that unit owners are responsible for windows. Further, the statute does not define “windows,” so confusion may arise regarding whether sliding glass doors or glass curtain walls are considered “windows” under the statute.
Exemptions for One- and Two-Story Condo Buildings
Under Section 718.112(2)(f), Florida Statutes, one- and two-story buildings are exempted from conducting a structural integrity reserve study. However, the new law does not expressly state that one- and two-story buildings are exempted from this prohibition.
Milestone Inspection Deadline
Section 553.899, Florida Statutes, is a new provision in the Florida Building Code which requires condo buildings three stories or more in height to undergo a “milestone inspection.” Older condo buildings that are currently 30 years or older must undergo the milestone inspection by no later than December 31, 2024. However, this Florida Bar Condo Law Task Force report estimates there are nearly 30,000 condo associations in Florida. As over two-thirds of condo buildings in Broward and Miami-Dade Counties alone are 30 years or older, many associations are concerned whether the time limit is practical.
Persons Qualified to Prepare Structural Integrity Reserve Study
Pursuant to Section 718.103(25), Florida Statutes, structural reserve studies must be performed by any person qualified to perform such study. The visual inspection portion of the study must be performed by a licensed engineer or architect. However, as to the remaining portions of the study, who is “qualified?” The statute is silent.
As time goes on, additional discrepancies may arise in the new condo laws likely requiring clarification by the legislature. If you need guidance on how the new condo laws will affect you and your community, please do not hesitate to schedule a consultation with our office.
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