Florida lawmakers failed to pass any condominium reform or safety bills in its Regular 2022 Session to address statewide concerns following the tragic events of Surfside in 2021.
In this article, we reviewed numerous legislative bills proposed at the beginning of the session affecting condominium associations filed on the opening day of the 2022 Legislative Session. However, all bills died during the legislative process.
The bills which went the furthest were SB 1702 and HB 7069. The House bill passed, but the Senate version died on the floor. The bills proposed that certain condominium buildings undergo structural inspections upon reaching 30 years of age, and every 10 years thereafter, to ensure continued safe occupancy. The bills also would have allowed condominium boards to pass any special assessment for “maintenance” without a unit owner vote. Ultimately, lawmakers disagreed over funding, such as whether condominium associations should be required to set aside adequate reserves to fund structural repairs and maintenance and how often reserve studies, typically expensive, should be conducted.
SB 1780 and companion HB 1391 sought to require certain condominium buildings to undergo inspections by a licensed architect or engineer upon reaching 30 years of age and every 5 years thereafter. SB 1774 and companion HB 1397 also proposed that condominium buildings undergo inspections every 5 years.
Additionally, SB 1942 and companion HB 1393 seeking enhanced waterproofing measures for community association parking garages and swimming pool decks also died in their respective legislative committees. The bills also sought to prohibit community associations from waiving or reducing reserve funds.
SB 880, which would have made it a third-degree felony for any association officer or director to receive any kickback or other personal benefit, was barely debated before dying in the Senate. Similarly, SB 274 and companion HB 811 also concerned condominium fraud and attempted to establish condominium fraud investigation units, but these bills also quickly died.
SB 394 and companion HB 547, which proposed education requirements for condominium board members, also died during the legislative process.
Both SB 642 and companion HB 329, which sought to establish a statewide public database containing important condominium information, also died. Though the idea failed at the state level, Miami-Dade County recently passed an ordinance establishing a similar public database, which we discuss more fully here.
Finally, HB 321 regarding condominium transfer fees was withdrawn prior to introduction.
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