New Florida Condo Safety Law Spells Big Changes For Condo Associations

In Florida, condo safety has become a top concern after the collapse of the Surfside condominiums. In response, Gov. Ron DeSantis has signed the new Florida condo safety law, which aims to minimize the risks associated with the structural engineering of condo buildings.

The Tragedy at Surfside

In June last year, Champlain Towers South in Surfside, Florida, partially collapsed. The tragedy resulted in the deaths of 98 people. Ten days later, the building was demolished.

Several theories have pointed to a number of possible causes, including saltwater corrosion, inadequate construction, and water leaks. There were also arguments that the condo association had failed to maintain a reserve account that would have funded necessary maintenance and repairs.

Whatever the case, it was clear that something had to change. And the unfortunate incident jumpstarted legislation that aimed to ensure the safety of condo buildings.

New Florida Condo Safety Law Signed

Almost a year after the Surfside collapse, the state of Florida introduced a new safety bill. The House immediately passed SB 4-D and DeSantis signed the bill the following day.

The newly minted law requires all buildings with at least three stories to undergo recertification after 30 years — 25 years if it is located within 3 miles of the coast — and every 10 years thereafter. Condominiums are also now required to set aside money for repairs and conduct a reserve study every 10 years as well as provide inspection reports to unit owners.

Champlain Towers South was 40 years old and was in the middle of its recertification process when it partially collapsed last year. Miami-Dade County and Broward County were the only two counties that required recertification at the time.

The law will take effect in 2025.

A Shortage of Engineers

Although the new law will help bolster the safety of many condos, it does pose a challenge to the state of Florida. There are an estimated 650 certified structural engineers in the state. The demand for these engineers is already high in new construction alone, so existing buildings will need to get the gears running before the law kicks in.

To put things in perspective, there are more than 1.5 condominium units in the state. Out of those, there are over 912,000 condos aged 30 years and older. That equates to more than 2 million condo residents.

What This Means for Condo Associations

Condo associations are naturally preparing for the big change this law brings. Many boards feel worried about the financial toll the new law will have on their communities.

The Florida condo safety law requires condos to maintain a reserve fund. Not all associations currently have such an account and will have to build up their reserves to an adequate level in a short amount of time. This will have a disproportionate impact on low-income residents in particular.