For condominium owners
or buyers in Florida, it was a one-two punch, a vicious
combination that nevertheless failed to put the market down
and out, despite gloomy recent news reports describing a
slumping condo market, Realtors and analysts say.
Although sales were reported down earlier
this year by 6.8% from the same time last year, “the entire
housing market has softened, not just condominiums,” says
Pam Lemmerman, a Fort Myers-based Realtor for Barclay’s Real
Estate Group. “They’re saying everyone is trying to do this
exodus (from condos) because the HOA fees went up so much,
but we’re not seeing it. Some people want to move to North
Carolina to be with their grandkids, and that’s why they
move. We still have cash buyers.”
And sellers are willing, these days.
The HOA fees have gone up so much — those
monthly or quarterly fees all owners pay to ensure buildings
are structurally sound and amenities maintained as promised
— because new Florida laws require associations to have deep
pockets and to hire engineers or architects who can make
in-depth or “Milestone” structural inspections. |
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That’s particularly true of buildings three stories or
higher, 25 years of age or older and near the coastlines.
It started when the first blow fell almost three years ago.
Without warning, on the morning of June 24, 2021, the
12-story, 39-year-old Champlain Towers South building in
Surfside, a northern Miami suburb, suddenly failed.
The building’s collapse is generally thought to be a
consequence of badly degraded foundational materials
residents and the Homeowners’ Association had put off paying
to repair. It cost 98 people their lives.
It also continues to cost many condo owners in the state
significantly higher monthly HOA fees and insurance premiums
as new rules for HOA reserves have been legislated —but it’s
not the only factor.
The second market-altering blow that affected housing in
general arrived on Sept. 28, 2022, when Hurricane Ian
slammed into and devastated the southwest coast. The cost in
lives was horrific, again — this time 161 — and so was the
dollar cost. Ian became the most expensive storm in Florida
history, with $113 billion in damages.
And now new laws require HOAs not only to have condominium
buildings inspected by engineers or architects but also to
maintain sufficient reserves to meet the costs of future
work, such as repairs to foundations, new roofs or other
project necessities.
“The new legislation puts an end to this historic option to
‘pay now or pay later,’ and creates mandatory legal
requirements upon projects 25 years or older to ascertain,
budget for and fund these future activities,” according to
lawyers specializing in real estate law at the firm Gould,
Cooksey, Fennell.
“Unit owners, and the Associations that administer
condominiums of heights three stories and greater, are
required to ‘pay now,’ so the financial resources are
available later when the corrective or remedial work must be
performed.”
That’s not all, for condominium owners wresting with the
new, mandated economics.
“The new statutes also require Associations to play catch up
in terms of funding the reserve accounts which will be used
to discharge future capital expenditures. Equalizing
insufficient and inadequate reserves with future anticipated
repair expenses is a duty placed directly upon unit owners
in the form of increased assessments and special
assessments.”
For example, residents at an older condominium community
called Summerlin Trace in South Fort Myers, where several
longtime residents live on fixed incomes, not only have seen
their association dues climb from the low $400s to $650 per
month but they were recently told to expect a special
assessment per household of $4,000 for a new roof, residents
there say.
In some condominium complexes, especially older highrises on
the ocean or Gulf, residents conceivably could face one-time
assessments of $100,000, Realtors say.
“When you have interest rates above 7% and condo association
fees of $2,000 to $3,000 a quarter — that’s a high cost, and
it’s not considered in the monthly mortgage payment
schedule,” explains Nelson Taylor, vice president of Market
Research for LSI companies, analysts and brokers operating
on the southwest coast in Collier, Lee and Charlotte
counties.
The so-called “Structured Reserve Integrity Study,” part of
the updated condominium law, “has forced all these
condominium projects to do a reserve budget,” but even in
that case, unanticipated needs may arise.
“Say an elevator shaft breaks or the cost of a roof is
estimated at $100,000, but now they’re being told it’s
$200,000 in an inflationary market with increasingly costly
construction materials — they may need to do a one-off, and
that could crush some people,” Taylor explains of the more
difficult market.
Especially for old condominium properties on the coastlines
themselves, the economics of the new rules are literally
changing the face of communities.
In effect, says Paula Wittman, a Realtor who specializes in
the luxury market for William Raveis South Florida, with her
partner, Michelle Noga, “It’s time to pay the piper because
you tried to kick the can down the road.”
Putting off costly assessments has not been uncommon —
people often said, “let’s wait until we have to do it,”
added Noga, but now they’ll be required to by next year, the
deadline established by the new legislation.
That’s created the “termination” effect, especially on the
Atlantic coast, a word that describes a condo complex buyout
by an investor or developer. If 80% or more of residents
decide that paying huge extra fees for structural
renovations just isn’t worth it, and they agree to sell, the
investor can take the property and redevelop it.
As a result, says Noga, “developers may be gleefully eyeing
some of these properties.”
Terminations will change the face of some communities,
especially in Miami, where 21 have taken place in the last
five years, Miami Beach (13), Bay Harbor Islands (8), and
Fort Lauderdale (8), the Miami Herald reported last month.
And it isn’t just there.
“Down in Collier, a group spent $102 million to buy out a
condo project — I think there were 35 units,” says Taylor.
It’s an enviable location, near the beach and the vibrant
downtown.
“The age of the product is no longer in the current
appetite. So, you’re assigning land value, and the land
might be worth more on a per-unit basis than what an
existing product is worth.”
What it amounts to for owners or prospective buyers in the
condo market is this, says Denny Grimes, president of Denny
Grimes & Team Realtors in Naples and Fort Myers: Getting
through the unknowns in the current quarter and year.
The ultimate effect on the market probably isn’t
identifiable now.
“There is no doubt the condo market is softening, but so is
the single-family home market,” Grimes explains.
“For a home, you have to deal with insurance, and you know
it will go up.”
Insurance analysts have reported that homeowners’ insurance
has jumped more than 100% since 2021, and the average cost
of it in Florida is three times higher than the national
average.
“For condos: because of the hurricane and what happened in
Surfside, they have to send engineers to do studies, so the
condo associations cannot yet finalize fees.
“It’s like walking into a restaurant where a meal is listed
as ‘market price’ and you say, ‘what’s the market price?’
and they say, ‘I don’t know but go ahead and order it.’ We
know there’s going to be a bump, but we don’t know what it
is, yet.
“But it’s not that condos are dead in the water. It doesn’t
affect every condo association, but it affects enough to
open up the conversation.”
That leads to some good advice for any considering the
purchase of a condominium: research its circumstances and
conditions.
“I think it is important to look at the minutes, (from
association meetings) and request the Milestone Inspection
study to see what will be undertaken,” Noga advises.
In general, Milestone Inspections for buildings three
stories or taller and 25 or 30 years of age must be complete
either by Dec. 31 of this year or Dec. 31, 2025, depending
on their age.
“It’s a hard thing to forecast — to create a fixed budget
that anticipates future costs,” Taylor says.
“An older condo project might need near-term projects if the
HOA budget hasn’t been properly maintained. So, I would want
to see what repairs have been done to individual
condominiums or buildings.”
But condominiums may still be the best deal, all things
considered, Lemmerman concludes — in part because buying a
house comes with its own rising costs, especially if it’s
not brand spanking new.
“If you own a home, you’re going to have to do the
landscaping, clean the pool, repair screens, do the new roof
and pay for the amenities, along with the utilities — water,
sewer, trash and wi-fi — and all those are included in HOA
fees. If you buy a house in a community, you’ll pay monthly
fees, anyway,” she points out.
“The Milestone surveys (or in-depth inspections) have to be
done by next year, and if they find issues, people are going
to run into extra fees.
“Some people are worried about that, but I don’t see a lot
of people saying that to me.” Instead, it’s wait and see.