Recent Amendments to Florida Condo Safety Legislation
In response to the catastrophic Surfside collapse in June 2021, Florida Governor Ron DeSantis has officially enacted crucial amendments to the state’s condominium safety laws. The legislation, consisting of House Bill 913 and House Bill 393, was signed into law on Monday and is set to strengthen safety measures for residential buildings across the state.
Background: The Surfside Tragedy
The tragic collapse of Champlain Towers South claimed the lives of 98 individuals, spanning ages from 1 to 92. This devastating event highlighted the urgent need for improved safety regulations concerning older condominium and townhouse structures in Florida.
Key Legislative Changes
Under the new amendments, significant changes have been made to existing requirements for condominium associations:
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Extended Deadline for Structural Integrity Reserve Studies (SIRS)
- The deadline for completing SIRS has been pushed to the end of this year.
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Reserve Contributions Adjustments
- Associations that have completed their milestone inspections within the last two years may adjust their reserve fund contributions, subject to board approval.
- This flexibility applies to budgets adopted by the end of 2028 and excludes developer-controlled associations.
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Funding Mechanisms
- Associations can now utilize lines of credit or loans to finance specific reserves, allowing for better financial planning.
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Increased Threshold for Major Projects
- The bill raises the minimum cost threshold for significant projects—like roof replacements and painting—from $10,000 to $25,000.
- Strengthened Conflict of Interest Provisions
- Licensed architects or engineers bidding on milestone inspections are mandated to disclose any intent to bid on subsequent work linked to these inspections.
- Additionally, contractors cannot have familial ties or interests with companies conducting these milestone inspections.
Enhanced Accountability Measures
The legislation aims to enhance transparency and accountability throughout the process:
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Online Licensing for Community Managers
Community association managers will need to maintain online accounts detailing their licensure and affiliations. - Reporting Requirements for Local Enforcement Agencies
By the end of the year, local agencies must submit to the state comprehensive data regarding buildings needing milestone inspections and those flagged as unsafe.
House Bill 393: My Safe Florida Condo Pilot Program
House Bill 393 complements the earlier legislation by restricting grant eligibility for the My Safe Florida Condo Pilot Program to buildings that satisfy SIRS and milestone inspection criteria. Key provisions include:
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Eligibility and Approval Requirements
- The program is available to buildings with a minimum height of three stories and at least two units per structure.
- Now, only 75% of unit owners need to approve a grant application, down from the previous requirement of 100%.
- Grant Caps and Restrictions
- Maximum grants for roof projects will be capped at $11 per square foot, with total project costs not exceeding $1,000 per unit.
- For roof replacement and hurricane protection-related projects, grants are limited to a maximum of $175,000 per association.
Conclusion
These legislative changes represent a significant step forward in ensuring the safety and integrity of Florida’s condominiums and townhouses. As the state moves to enforce stringent safety standards, these measures aim to prevent future tragedies while providing clear pathways for funding necessary repairs and improvements. For comprehensive updates on this legislation and related topics, refer to Florida Condo Safety Legislation and related resources.
By reforming the way condo associations operate, Florida is taking critical steps to enhance the safety and security of its residents in the wake of past tragedies.