Understanding the New Measure Related to 2022 Condominium Safety Laws

In response to residents' concerns about the rising costs of condominium ownership, the Florida Legislature recently signed off on a new measure for the existing laws. These condominium safety laws were passed in 2022 after the Champlain Towers South building collapse in Surfside, Florida, which killed 98 people. They were first tweaked in 2023. While the laws have successfully increased condominium safety, they are posing great financial challenges for many owners.

Initially, the condominium laws included requiring “milestone inspections” of older buildings that are three stories or higher as well as “structural integrity reserve studies” to determine the money needed for future major repairs. The inspections were meant to be completed by the end of 2024, while the structural integrity reserve studies had an original deadline of December 31, 2025. As a result of this tight timeline, some condo associations invoiced owners with large assessment fees in addition to the homeowners association (HOA) fees. 

The House and the Senate unanimously approved the new measure, titled HB 913. 

The proposed changes are largely inspired by listening to owners who understand that their buildings need to meet certain safety measures but want the process to be fair and reasonable. Under the new guidelines, local officials have until October 1, 2025, to report their inspection findings to the state’s Department of Business and Professional Regulation. Plus, the deadline for structural-integrity studies is prolonged by one year, with the hope that this extension allows condo associations to complete the studies more easily.

The new bill also changes the language related to building size. While it currently applies to buildings with three stories or more, the new bill shifts the requirements to buildings with three or more livable stories. 

Additionally, the proposed bill allows for a two-year pause in reserve funding following a milestone inspection. This shift gives condominium associations much-needed flexibility to then meet the requirements of the reserve. If a majority of owners approve, it also allows associations to pull from lines of credit or loans to meet the determined obligations as opposed to depending on additional assessment fees from the owners. 

Fortunately, the new measure has received continual support from Florida legislators.

Senator Jennifer Bradley has led the condominium safety issue in the Senate. During the recent Senate debate, she shared, “With each milestone inspection, our condos are becoming safer, but financial impacts are reverberating. Our commitment remains steadfast to assist condo owners who have absorbed a tremendous amount of change.”

Senator Nick DiCeglie also spoke out about the proposed changes. “This is probably one of the most important pieces of legislation that this body is going to vote on,” he said. “Folks are hurting financially. They are up against making decisions of whether or not they are going to leave the dream called Florida. Many of them are on our coastlines, where it is paradise. Safety is also at the forefront of this issue. It is so incredibly difficult to balance that.”

Additionally, Senator Gayle Harrell shared that she’s seen positive results from the initial laws, praising Bradley’s efforts. “We had two condos in my district that were on the verge of falling down. You have really saved lives along the way, but you’ve also listened,” she explained. “And this bill now is the evolution of where we started. And there was a lot of pushback; there were a lot of problems, but you came to address it.” 

The bill’s next stop will be with Governor Ron DeSantis. 

The Governor should be supportive, as he has expressed the importance of changing these laws during this year’s legislative session.

Let The Urban Dog Group help you with your real estate needs. Contact Christine Elias at caerealestate@gmail.com.