The Miami Herald published Mary Ann Ruiz’s Letter to the Editor on Tuesday, July 6, 2021.
Ms. Ruiz calls on the Florida Legislature to re-enact the five-year condominium inspection and report requirement to protect residents throughout the State. See Fla Stat 718.113(6) (2008)
The partial building collapse in Surfside has left our community wondering whether other condominiums are similarly susceptible.
In Florida, developers of new condominiums are required to prepare a turnover inspection report. Smart associations follow up with their own engineering report, although not required.
At the 40-year mark, and only in Miami-Dade and Broward, associations are required to inspect the condominium and furnish a report certifying that the building is structurally and electrically safe.
What laws are in place to require inspections before 40 years in Miami-Dade and Broward, and to require inspections in Florida’s 65 other counties?
None. In 2008, 718.113(6) was amended to require associations to inspect every 5 years and prepare a report attesting to required maintenance, useful life, and replacement costs of the common elements. Just two years later, it was repealed.
An April 2010, Senate committee report pointed to “cost savings” for associations as the reason.
Sadly, we now know that deferring inspections and repairs can result in horrific and once unimaginable consequences.
We must call on our Florida Legislature to re-enact the five-year condominium inspection and report requirement to protect residents throughout our State.
Mary Ann Ruiz, P.A. is a boutique litigation firm serving the South Florida real estate sector and specializing in representing high net worth condominium unit owners in complex condominium disputes.
