A federal investigation is currently underway but the preliminary reports suggest a flawed design coupled with a lack of upkeep by the condominium’s association contributed to the disaster.
The Florida Legislature has taken a number of steps -
prompted by insurance companies threatening to withdraw
coverage in the state - to ensure that nothing like this
ever happens again by bringing more clarity to condo
associations, which have a reputation for being shrouded in
secrecy, intimidation and corruption.
Florida has an estimated 50,000 condo associations with more
than 1.5-million units.
In the tricounty South Florida region alone, there are
nearly 13,000 condo associations with about 610,000 units
located in Miami-Dade, Broward and Palm Beach, according to
a recent report.
We bring this up as the new laws are increasingly empowering
unit owners to push back against the decisions of condo
association boards.
In anticipation of receiving a flood of complaints, the
state’s Division of Florida Condominiums, Timeshares and
Mobile Homes has received funding to hire 65 new regulators
to “implement” the changes made to the Florida Condo Law.
Why would the Division need that many more people?
Let’s just say the long list of reforms that went into
effect in July 2024 may trigger some tense moments in condo
communities around Florida in the near future.
Remember, condo boards now have to hold quarterly meetings
that are not only open for unit owners to attend but also
provide them an opportunity to ask questions.
Related to that, most contracts now have to be made
available for inspection by unit owners before the condo
boards are scheduled to vote. That’s a big change from the
way things used to be done.
Additionally, unit owners now have the right to see all of
the official records of a condo association within two weeks
of submitting a written request. Failure by the association
to provide these documents clears the way for unit owners to
formally complain to the Division.
Again, another big change.
Up until now, the state’s measures were being implemented
slowly but that all is beginning to change in a significant
way.
As part of the changes, condo boards are rushing to comply
with a recently passed Florida law that goes into effect in
January 2025. The law requires associations that were built
before July 2022 to conduct and complete a check up, of
sorts, on all of the condo buildings in a community by the
end of 2024. The building evaluation is called a Strategic
Integrity Reserve Study (SIRS).
Based on the SIRS results, condo associations are required
to begin funding the necessary work in their 2025 budgets.
Unlike previous years, associations can no longer defer the
work and the cost under the law.
People are dubbing this moment as the
2025 Condo Association Financial Cliff as it is expected to
result in significantly higher costs for unit owners.
Some industry watchers have compared the Surfside disaster
to an inflection point on par with the Category 5 Hurricane
Andrew that devastated South Miami-Dade County in August
1992 and led to more stringent building code requirements in
South Florida.
Since the 2021 collapse, older units are said to be tougher
to sell, insurance prices are spiking year-over-year and
association maintenance fees and special assessments are
squeezing owners to the brink.
All of the reports and accompanying charts are based on
research we conducted using our proprietary information,
private records and government statistics.