The collapse of Champlain Towers in the early morning hours of June 24, 2021, is one of the deadliest structural engineering failures in U.S. history. The tragedy left nearly 100 people dead and sparked action to prevent similar disasters around the state.
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Rescuers search for victims at a collapsed South Florida condo building Monday, July 5, 2021, in Surfside, Fla., after demolition crews set off a string of explosives that brought down the last of the Champlain Towers South building in a plume of dust on Sunday. A year later, a new condo safety law has gone into effect that requires condo boards to set aside reserves and conduct studies and inspections on building safety. |
A year after
Champlain, Florida finally began to address those concerns
by passing Senate Bill 4D, which establishes new structural
inspection requirements and inspection of reserve funds held
by an association, including the requirement to use them
only for their designated purpose. At 30 years old, an
inspection must be conducted for each building three or more
stories tall. It must be completed, again, every 10 years.
If a building is less than three miles from the coast, the
milestone inspection must be done at 25 years and again
every 10 years.
Associations must also have a study conducted to examine the
funds set aside for required repairs to maintain the
structural integrity of a property.
While we have advised clients about several aspects of
condominium maintenance and association practices for years,
this new law has established specific legal requirements
that require compliance. Failure to comply could bring
serious legal and liability problems for an association.
Associations need to be prepared to navigate the new laws.
This will mean increased assessments, reserves and hard
decisions about how to fund long-neglected repairs.
Moreover, structural repairs are naturally invasive,
temporarily impacting the building aesthetic and potentially
cutting off access to balconies and windows. Associations
will also need to be wary of unlicensed contractors and/or
engineers and ensure proper protocols are in place to
monitor remediation work. Finally, associations should
expect increased insurance premiums and out-of-pocket
expenses related to inspections and monitors. While these
are all changes intended to protect residents, it is not
without cost, and high-rise residents will need to be
prepared.