Florida’s Condo Laws & Implementation
Timeline
On June 24, 2021, the devastating collapse of the Surfside condominium in Florida shook the nation and brought to light the urgent need for improved building safety regulations. In response to this tragedy, state lawmakers took action to ensure such a disaster would never happen again. This timeline explores the key legislation that was enacted and steps taken in the aftermath of the Surfside collapse, highlighting the ongoing efforts to enhance building safety, strengthen oversight, and protect the lives of condominium residents in Florida.
June 24, 2021
Champlain Towers in Surfside, FL Partially Collapses
- This tragedy took the lives of 98 people and displaced hundreds of condominium unit owners
October 12, 2021
Task Force Reports “Kicking the Can Down the Road” is Not Uncommon
- The Florida Bar’s Condominium Law & Policy Life Safety Advisory Task Force reports it is not uncommon for condominium associations to defer the cost of repairs to the future Source
December 15, 2021
Grand Jury Recommends Statute Change to Disallow Funding Repairs
- A Miami-Dade Grand Jury recommends “the waiver provision regarding the obligation to fund reserves for condominium repairs be stricken from the statute” Source
May 26, 2022
SB 4D is Enacted
- The Florida Legislature passes landmark condominium legislation to prevent another devastating tragedy
Overview
The Purpose of SB 4D
Florida Senate Bill 4-D, also known as the Building Safety Act, aimed to improve the safety of buildings in Florida by imposing new requirements for inspections, structural integrity, and financial reserves for condominium and cooperative associations. In short, the goal of the legislation was to ensure condominium associations knew what structural deficiencies their buildings may have and ensure they funded those repairs.
Overview
SB 4D’s Key Provisions
Some of the key provisions of SB 4-D include:
- Requiring regular milestone inspections for buildings three stories or higher
- Mandating that condominium and cooperative associations maintain adequate financial reserves for building maintenance and repairs
- Establishing a framework for reporting and addressing structural deficiencies
A Closer Look
Surfside Uncovered a Dangerous Practice Among Some Condominium Associations
The tragedy of the condominium collapse in Surfside emphasized the importance of proactively identifying and addressing necessary maintenance to ensure the structural integrity of buildings. It also uncovered that not all associations were making critical repairs, leaving residents vulnerable to grave dangers.
Why This Matters:
The Surfside tragedy served as a wake-up call, highlighting the critical need for condominium associations to prioritize and invest in regular structural maintenance to prevent such catastrophic outcomes in the future.
A Closer Look
Is Funding Reserves for Necessary Structural Repairs a New Requirement?
No. Condominium associations have been required to set aside money to pay for structural repairs that would cost $10,000 or more since 1997. However, associations had the option to vote to delay making assessments.
After the tragic events at Surfside, it became apparent that many associations knew structural repairs needed to be made to their buildings but chose to defer dealing with these issues due to the high costs involved.
Why This Matters:
The practice of postponing necessary repairs, or “kicking the can down the road,” resulted in a higher financial burden on current and future residents and threatens their safety.
May 2022
DBPR Begins Educating Residents About SB 4D’s Requirements
- In addition to publishing FAQs, DBPR conducted education events which outlined the ways SB 4 changed Florida’s condominium laws
June 9, 2023
SB 154 is Enacted
- After hearing feedback from condominium and cooperative associations, the Florida Legislature passes additional legislation to provide clarity
Overview
SB 154’s Key Provisions
SB 154 built upon previous legislation (SB 4-D) and aimed to further enhance the safety of condominium buildings in the state. The bill introduced several key changes to the requirements for milestone inspections and structural integrity reserve studies (SIRS).
Some of the main provisions of SB 154 included:
- Revising the types of buildings that must undergo milestone inspections (MI), extending the requirement to more condominium and cooperative associations
- Expanding the list of professionals who are authorized to perform the visual portion of SIRS
- Allowing alternative reserve funding options for certain multi-condominium associations, subject to approval by the relevant authorities
- Establishing a searchable database of building information to improve transparency and public access to safety-related data
A Closer Look
Was SB 154 Necessary?
After the implementation of SB 4-D, various stakeholders, including condominium associations, building officials, and industry experts, raised concerns and identified areas where the legislation could be improved.
SB 154 was introduced to address these concerns and provide additional clarity on the requirements for building inspections, reserve funding, and other key provisions related to building safety. The new legislation also aimed to streamline the implementation process for condominium associations, providing them with more flexibility and resources to comply with the updated regulations.
Why This Matters:
Some of the key issues stakeholders raised to legislators were the need for greater clarity regarding inspections, more flexibility for reserve funding requirements, increased access to important documents and a larger pool of professionals authorized to perform SIRS. SB 154 addressed each of these needs.
June 2023
DBPR Begins Educating Condominium Residents & Associations About SB 154’s New Provisions
- In addition to posting information online, DBPR published FAQs and conducted education events which outlined the ways SB 154 changed Florida’s condominium laws
SB 4D and SB 154 addressed issues such as regular building inspections and structural safety, which were crucial in the wake of the Surfside collapse. However, they revealed significant gaps in the regulatory framework, particularly regarding the accountability of condo boards and the Department of Business and Professional Regulation’s (DBPR) ability to enforce laws effectively.
July 1, 2024
HB 1021 Enacted
- This legislation vastly increased accountability for condominium associations and increased DBPR’s ability to address complaints
Overview
HB 1021’s Key Provisions
- Enhancing Accountability: It imposes new education requirements for condo board members, ensuring they are better equipped to manage associations ethically and effectively.
- Improving Transparency: The bill mandates that condos with 25 units or more establish websites to share important documents, a requirement previously applied only to larger associations.
- Strengthening Enforcement: It grants DBPR more power and resources to investigate complaints and enforce compliance, including criminal penalties for severe violations.
A Closer Look
DBPR’s Role Before HB 1021
Enforcement Power
DBPR’s ability to enforce compliance was restricted. The Department could respond to complaints, but had limited means to impose penalties or take action against non-compliant boards.
Addressing Complaints
DBPR could process complaints from residents and associations, but often faced challenges in resolving issues due to statutory limitations and lack of clear punitive measures.
Transparency Requirements
Requirements for record-keeping and transparency were less stringent, making it easier for some boards to operate without full accountability.
Education
DBPR offered a variety of board member education courses, including a Board Member Certification course, but education was not mandatory for condo association board members.
A Closer Look
DBPR’s Role After HB 1021
Enforcement Power
HB 1021 grants DBPR expanded authority to enforce condominium laws. This includes imposing criminal penalties for severe violations such as embezzlement, fraudulent activities, and failure to maintain proper records.
Addressing Complaints
HB 1021 allows for criminal penalties for unlawful behavior by condo board members. For instance, accepting kickbacks or intentionally failing to release records can now result in felony charges.
Transparency Requirements
New transparency measures require condo boards to maintain records online, making them easily accessible to residents. This aims to improve transparency and allow residents to monitor board activities more effectively.
Education
HB 1021 includes provisions for mandatory education for condo association board members, ensuring they are well-informed about their responsibilities and legal obligations.
December 31, 2024
Deadline for Simultaneous SIRS and MIs
- Associations required to complete a MI by December 31, 2026, may complete their SIRS simultaneously with their MI. The SIRS must be completed by December 31, 2026
January 1, 2026
Online Documents Deadline
- Associations managing a condominium with 25 or more units (not including timeshare units), must post copies of the documents outlined found here
December 31, 2026
Opportunity to Complete Inspections Simultaneously
- Associations required to complete a MI by December 31, 2026, may complete SIRS simultaneously
Contact Us
If you have questions or need assistance, please contact DBPR's Division of Condominiums, Timeshares, and Mobile Homes.
Tallahassee Regional Office/Headquarters
2601 Blair Stone Road
Tallahassee, FL 32399
(850) 487-1395
CTMHEducation@MyFloridaLicense.com
DBPR's Division of Condominiums, Timeshares, and Mobile Homes Regulation maintains five regional offices throughout the state of Florida. View our service area map, contact information for your local office and learn how to schedule an appointment with our team below