|Bill Summary By
Milena Macias, Esq.
CCFJ Director for Legislative Affairs
Milena Macias, Esq.
We need to support these bills relating to roles of management on structural inspections and safety of Condominium and Cooperative Buildings.
Section 1. Paragraph (b) of subsection (1) of section 468.4334, Florida Statutes, is amended to reflect that if a community association manager or a community association management firm has a contract with an association regulated under s. 553.899, Florida Statutes must comply with that section as directed by the board. The statute mandates structural inspections on aging condominium and cooperative buildings for safety reasons.
. A “Milestone inspection” is a structural inspection of a building, including an inspection of load-bearing walls by a licensed architect or engineer authorized to practice in Florida attesting to the life safety and adequacy of the structural components of the building. It determines any necessary maintenance, repair, or replacement of any structural component of the building, (but not for any purpose of compliance with the Florida Building Code or the FIRE safety code.)
In Mixed-use buildings, clarification that all owners of a mixed-use building in which portions of the building are subject to the condominium or cooperative form of ownership are responsible for ensuring compliance to share the costs of the inspection. A condominium association or cooperative association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance with the requirements . For example, if a building’s certificate of occupancy was issued on or before July 1, 1992, the building’s initial milestone inspection must be performed before December 31, 2024, and the local enforcement agency must provide written notice of such required inspection to the condominium association or cooperative association by certified mail, return receipt requested.
Local enforcement agencies responsible for enforcing the milestone inspection requirements are authorized, at their option, to set a 25-year inspection requirement if justified by local environmental conditions, including proximity to seawater;.
In addition, local enforcement agencies may extend the inspection deadline for a building upon a petition showing good cause that the owner or owners of the building have entered into a contract with an architect or engineer to perform the milestone inspection services and the milestone inspection cannot reasonably be completed before the deadline. These bills also provide that the inspection services may be provided by a team of design professionals with an architect or engineer acting as a registered design professional. Moreover, the bills clarify that an association must distribute a copy of the summary of the inspection reports to unit owners within 30 days of its receipt.
RESIDENTIAL INSURANCE POLICIES
The bills revise the requirement that all personal lines residential policies issued by the Citizens Property Insurance Corporation must include flood coverage to exempt condominium or cooperative units that are in certain flood-risk areas and above specified floors in a building.
OFFICIAL RECORDS REQUESTS
The bills clarify that both the condominium or cooperative unit owner and any person authorized by any owner as his or her representative may inspect the official records of the association.
RESERVE FUND AND STRUCTURAL INTEGRITY RESERVE STUDY (SIRS)
bills revise the reserve funding requirements relating to
condominium and cooperative associations subject to the structural
integrity reserve study (SIRS) requirement to base a budget adopted
on or after January 1, 2025, on the findings and recommendations of
the association’s most recent SIRS; In addition, it permits (i)
associations that are not subject to the SIRS requirement to waive
reserves if approved by a majority vote of all voting interests;
(ii) multi-condominium associations to waive reserves if an
alternative funding method has been approved by the division; and
(iii) provide that reserve assessments may be adjusted for
The bill amends the SIRS requirements only for residential condominiums and cooperatives; .
In addition, a SIRS recommendation must include a reserve funding schedule; and permits the visual inspection to be verified by an engineer or architect, as well as certified Reserve Specialist, or Professional Reserve analyst by the Community Associations Institute or the Association of Professional Reserve analyst to perform or verify the visual inspection portion of the SIRS.
EFFECTIVE: UPON BECOMING LAW
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