WEST PALM BEACH – The
high-rise condos that dot the 47 miles of shoreline of Palm
Beach County still stand tall overlooking the Atlantic Ocean
and are a symbol of South Florida’s allure, but just how
safe are they?
The question should be answered within the next two and a
half years. That is when safety inspections of the buildings
are expected to be completed – a result of the action taken
following the tragedy that took place some 40 miles to the
south 12 months ago.
A year ago Friday, Champlain Towers South, a 12-story
beachside condo building in Surfside, collapsed, killing 98
people. The tragedy pushed the Legislature and Gov. Ron
DeSantis to recently adopt a law designed to ensure the
structural integrity of high-rise residential buildings in
Florida by requiring aging complexes to be inspected by
licensed engineers and architects.
Senate Bill 4-D requires “milestone” or initial inspections
to be completed by Dec. 31, 2024.
In Palm Beach County alone, there are 2,317 residential
buildings that need inspections under the new law; 816 are
in unincorporated areas that fall under the jurisdiction of
county government, according to County Building Official
Doug Wise.
Concerns have been raised about whether the Dec. 31, 2024,
deadline is realistic.
Joshua Gerstin of Boca Raton, a land-use lawyer who
represents several Palm Beach County associations affected
by the new law, believes more time will be needed. He said a
Florida Bar task force report estimates there are nearly
30,000 condo associations in the state, and most of them are
older than 30 years.
“There is not enough architects and engineers to do all this
work,” he said.
Can all the
regulation deadlines be met?
Overall, Gerstin said the law is something that was needed,
adding: “Buyers will know they are buying into a building
that is safe and people who live there will know they are in
a building that is being well maintained. There may be some
pain in the short term, but in the long term, it will be
very positive.”
Patrick Savage, a board member at Boca Inlet Apartments (a
condo building), welcomes the new law. Boca Inlet
Apartments, a 12-story, 100-unit building, was built in
1965, and is one of the oldest on the intracoastal in Boca
Raton. The association expects to soon spend about $300,000
to replace a roof over the carport.
“We stay ahead of the game. We are in great shape. Just
about everything the law requires, we are already doing.”
Keith Ruehl of Global Solution Partners, whose firm does
reserve studies for scores of condo associations in Florida,
agreed with Gerstin that it may be difficult to meet the
deadline. But he noted he expects engineers and architects
from outside the state to help fill the void.
The state Department of Business and Professional Regulation
is overseeing enforcement. A spokesman told The Post that
there is nothing in the law that would permit the agency to
“extend statutory deadlines.”
Any condominium and co-op building three stories or more
must have a “milestone inspection” at 30 years, or at 25
years if within 3 miles of the coastline, with updates every
10 years thereafter. The milestone inspections will
determine if a more thorough inspection is necessary. The
reports must state whether “unsafe or dangerous conditions”
exist.
The report is expected to list the repairs needed to ensure
the structural integrity of buildings. Cost estimates must
also be provided. Elevators, roofs, load-bearing walls,
floors, foundations, fire protection systems, plumbing,
electrical systems and windows are among the elements to be
inspected.
The board at Champlain Towers knew in 2018 that the building
had serious structural problems, yet no action was taken to
fix them. By the time the building collapsed, needed repairs
were estimated to be as much as $18 million.
“The longer you defer, the bigger the bill,” said Allen
Douglas, executive director of the Florida Engineering
Society.
Can communities
afford the repairs?
One concern is the impact on a complex whose owners live on
fixed incomes. Ruehl envisions some communities unable to
raise the money to fund repairs. He faulted the Legislature
for not providing some assistance to such communities either
through grants or low-interest loans.
Some associations may be forced to resort to what is called
“legal termination” where a developer buys out unit owners
to make way for new construction.
Boca Raton and Highland Beach were among the first towns in
Florida to adopt their own programs after the Surfside
collapse. Others have been waiting for the state to act.
Boca Raton spokeswoman Ileana Olmstead said it appears that
adjustments will be needed to ensure that the city’s program
is consistent with the new state law. Boca Raton has already
identified 191 properties that will need to be inspected. It
requires that commercial buildings be inspected as well; the
state law applies only to residential.
In Highland Beach, inspections are to be done every seven
years for buildings older than 40 years. Mayor Doug Hillman
said the town does not expect to change those figures to
match the state program. He noted that the town has the
right to have a stricter program than the state’s.
At the county level, Palm Beach County Building Official
Doug Wise said county commissioners will have to decide
whether to include two-story buildings. The Post recently
reported that a load bearing wall was removed from a
two-story condo building at Century Village west of West
Palm Beach, forcing the county to order the upstairs and
downstairs units to be evacuated until repairs are made. The
county is considering ordering the entire 24-unit building
be demolished if repairs are not made soon.
Wise said it would be costly to include two-story buildings,
but he is concerned how often load-bearing walls have been
removed. He said after The Post article was published, his
office received other complaints related to the removal of
load-bearing walls without permits. His office is currently
investigating them.
Will Palm Beach County adopt its own law?
Wise is expected to appear before county commissioners on
Aug. 23 to discuss whether the county should adopt its own
law. Riviera Beach is not expected to do so, according to
the city’s building official, Michael Grimm.
The Palm Beach County League of Cities is sponsoring a forum
to discuss the new law on July 18. County and municipal
officials are expected to attend the session to determine
what the next steps should be.
Meanwhile, several condo associations said they welcome the
new law.
Devin Wardell, property manager at 750 Ocean in Boca Raton,
said his board has taken steps to ensure the structural
integrity of the 16-story building that was built in 1968.
The garage ceiling was recently renovated and the concrete
on its balconies will soon be repaired.
Lou Pietosi, the president of the homeowners’ association at
Ocean Bluffs South in Jupiter, said the complex is finishing
a balcony replacement project it began planning for in 2018
– before the tragic collapse in Surfside. That project cost
each owner about $40,000, he said.
“We’re fortunate that we’ve had a structural engineer on
site for the past three years inspecting the project as it
progressed,” Pietosi said, noting that the inspections have
helped to determine what future repairs should be made.
A Surfside-type collapse could very well have occurred this
year in Tequesta. Residents of 24 waterfront condominiums
along the waterfront were evacuated in late March after the
village’s fire chief discovered cracks and deterioration in
the building’s supporting columns.