Florida legislature passes condo safety measure that regulates aging structure inspections
TAMPA, Fla. - Nearly a year after the Champlain Towers South condominium collapse in Surfside, the Florida legislature has passed a condo safety measure that regulates inspections on aging structures. It ensures buildings maintain funds for needed repairs.
"The purpose of this bill is to make sure that our constituents are safe and that we can prevent any tragedies from ever happening like they did in Surfside," said Rep. Jackie Toledo (R-Tampa).
In Surfside, investigators found Champlain Towers' condo board was aware that the building had major issues but had delayed repairs for years because they weren't maintaining the reserve funds to pay for them. Though inspectors estimated the building needed some $16 million in repairs, Champlain Towers had just $770,000 in its reserves.
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It's not an illegal practice, but lawmakers said that needs to change.
"Some of these homeowner's associations are not making these improvements, because they don't have the money," sad Toledo. "But that's not something that is safe, obviously. You saw what happened at Surfside. As an engineer, it's something that's unacceptable that they just kind of put it behind them and turned their cheek."
HB 5 will ensure condo associations can't defer payments for needed repairs. Effective December 31, 2024, boards will be required to keep maintenance reserve funds without the ability to waive collection.
"Most of them aren't doing that today. They're kicking the can down the road, because they don't want that cost," explained bill sponsor Rep. Daniel Perez (R-Miami). "What we have done is stood firm in our position, and we were able to get a win here collectively and make sure that associations collect reserves for structural integrity components no matter what. You cannot waive it anymore."
The legislation also mandates routine inspections for aging condo buildings in the state. Now, all buildings taller than three-stories and 30 years or older, or above the age of 25 if the building is within three miles of the coast, must be inspected and recertified. Inspections will have to be performed every 10 years after that. An estimated 900,000 condo buildings in Florida are older than 30 years of age.
The measure passed the Senate Tuesday night and passed the House with unanimous support Wednesday afternoon.