In response to the tragic collapse of the Champlain Towers South in Surfside, Florida, in 2021, the state has enacted comprehensive reforms to enhance the safety and financial stability of condominium associations. e measures, effective in 2025, introduce significant obligations for condo associations and unit owners.
Starting January 1, 2025, all Florida condominium associations are required to establish and maintain reserve funds dedicated exclusively to essential repairs and maintenance. This includes components such as roofing, structural integrity, and electrical systems. Associations can no longer waive or reduce these reserve contributions, ensuring that funds are available for necessary upkeep. (Cosmo Management Group)
Structural Integrity Reserve Study (SIRS)
By December 2024, associations must complete a Structural Integrity Reserve Study (SIRS). This study involves a visual inspection by a licensed engineer or architect to assess the condition of critical building components and determine appropriate reserve funding levels. The SS must be updated every ten years to ensure ongoing accuracy and relevance. (CRC Group)
Milestone Structural Inspections
Buildings three stories or higher are subject to mandatory structural inspections to identify potential safety concerns:
*Initial Inspection: Buildings must undergo a milestone inspection by December 31 of the year they reach 30 years of age. For buildings within three miles of the coastline, the inspection is required at 25 years. (Florida Realtors)
Subsequent Inspections: After the initial inspection, buildings must be re-inspected every ten years.
If substantial structural deterioration is detected, a more comprehensive Phase Two inspection is mandated, and necessary repairs must be promptly addressed.
Governance and Transparency Enhancements
Effective July 1, 2024, additional measure have been implemented to improve condominium association governance:
Board Meetings: Associations with more than ten units are required to hold board meetings at least once each quarter. Agendas must provide opportunities for unit owners to ask questions, fostering transparency engagement. (Ksn Law)
Conflict of Interest Disclosures: Board members and community association managers must disclose y conflicts of interest, ensuring ethical governance.
Impact on Condo Owners
These reforms aim to enhance building safety and financial responsibility. However, they may lead to increased monthly maintenance fees and special assessments to fund reserve accounts and necessary repairs. Owners, particularly those on fixed incomes, should prepare for these financial adjustments. (Cosmo Management Group)
In summary, Florida’s new condominium association laws effective in 2025 are designed to prevent tragedies like the Surfside collapse by mandating proactive maintenance, financial preparedness, and transparent governance. Condo associations and unit owners must familiarize themselves with these requirements to ensure compliance and promote the safety and well-being of all residents.