Article
Courtesy of The Tampa Bay Times
By
Editorial Board
Published February 23, 2022
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Florida lawmakers are moving quickly to
prevent another deadly condo collapse. Legislation in the
House and Senate would subject older condominium buildings
in Florida to regular inspection, with the House measure
going further to help ensure that structural problems are
actually addressed. These are essential starting points in
improving safety for millions of residents.
A federally appointed team of engineering experts is
investigating what caused the 12-story Champlain Towers
South condominium in Surfside, north of Miami Beach, to
collapse in June, killing 98 people. While understanding the
science behind the tragedy is critical, the collapse also
exposed dangerous gaps in how condominiums in Florida are
managed and maintained. Only two Florida counties —
Miami-Dade and Broward — require that condos be inspected
and recertified as safe after a building turns 40. The House
and Senate legislation would toughen that requirement and
apply it statewide.
The Senate led the way by championing SB 1702, which would
establish a mandatory structural inspection program for
multifamily residential buildings that are greater than
three stories tall and larger than 3,500 square feet.
Inspections would be required once a building reaches 30
years old, and every 10 years thereafter. Buildings within 3
miles of the coastline would require an inspection after 20
years, and every seven years thereafter. That shorter
timetable is meant to accommodate the corrosive effect of
sea water, a practical concern given the large numbers of
condos built along the coast.
A bill advancing through the House, PCB PPE 22-03, includes
similar provisions. While it provides a more relaxed
schedule for inspecting coastal condos (after 25 years, and
every 10 years thereafter), the bill includes several key
protections. Condo associations would be required to conduct
studies of their reserves every decade to ensure they have
the resources to finance needed structural improvements.
Most important, they would be barred from waiving a
requirement that money be put into reserves for structural
improvements and other key repairs, such as to plumbing,
electrical and fireproofing systems.
These inspections are key to maintaining the properties and
to giving condo associations the time they need to plan and
save for major renovations. Both bills also require that
these records be shared among owners, potential buyers and
government agencies, creating a tool for better informing
residents and holding condos and regulators accountable.
While both bills leave it to local government to assess any
penalties for noncompliance, the House bill authorizes the
state to enforce the requirements for reserve studies and
some inspections.
This legislation is improving as it advances, and the
bipartisan support speaks to the broad impact that stronger
protections would have for millions of Floridians. Florida
has more than 1.5 million residential condos, and of those,
nearly 600,000 are at least 40 years old , with an estimated
2 million people living in condos 30 years or older. Nearly
142,000 condominium units in the state are 20 to 30 years
old, reflecting how many are in the pipeline for age-related
repairs.
The House bill does a better job of making these inspections
meaningful, by reducing the ability of condo associations to
put off needed repairs. It also does a better job of
balancing the competing economic interests. Condo owners
cannot in many cases be expected to shoulder huge
assessments overnight. But deferring maintenance
indefinitely, beyond endangering safety, could seriously
undermine Florida’s condo market, a rich source of property
tax revenue. Florida has turned a blind eye to this risk too
long.
Lawmakers still need to address a major missing piece —
provisions to help condo associations finance these costly
repairs. Experts estimate that thousands of condo
associations are in a bind, cash-strapped and fobbing off
major renovations to the next group of owners. These
associations need new avenues to credit. And buyers need a
more realistic picture of what owning a piece of paradise in
Florida really costs. But the Legislature is responding
commendably to Surfside with at least a strategy for
preventing another tragedy.
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