In light of recent events and the aging infrastructure of many condominium buildings across Florida, new laws have been implemented to ensure structural integrity. In tandem with Collier County’s specific ordinance—Ordinance No. 2023-41—these regulations demand timely compliance from condominium associations. As a realtor in Naples, Florida, I have been in discussions with several community association managers (CAMs) to understand better the financial and logistical challenges of meeting these new requirements. If you are involved with a condominium or cooperative association, here’s what you need to know.
Florida’s Milestone Inspections: Statewide Compliance
The Florida Milestone Inspection Law applies to all condominium and cooperative buildings that are three stories or taller. The law mandates that these buildings undergo regular structural evaluations to assess their safety.
Initial Inspection: If they reach 30 years of age before July 1, 2022, buildings must complete their first inspection by December 31, 2024. Coastal buildings (those within three miles of the coastline) must complete inspections by 25 years of age.
Subsequent Inspections: After the initial milestone inspection, buildings must repeat the process every 10 years.
Inspections occur in two phases:
Phase One: A visual assessment of critical structural elements such as load-bearing walls and foundations.
Phase Two: This phase, triggered if structural concerns are identified in Phase One, involves more detailed testing, which may include destructive testing if necessary to assess the full extent of damage.
It’s essential to note that failing to complete these inspections by the deadlines can result in severe penalties and safety risks.
Collier County’s Ordinance No. 2023-41: Local Specifics
Ordinance No. 2023-41 complements the state mandate by adding region-specific regulations. Notably, it recognizes the environmental factors—such as saltwater exposure—affecting Collier County's coastal buildings.
Inspection Deadline: Buildings reaching 30 years of age before July 1, 2022, must complete the first milestone inspection by December 31, 2024. For coastal properties, inspections must be completed by 25 years of age.
Notification: The Building Official will notify condominium associations when inspections are due, and associations must inform unit owners within 14 days.
In addition, if substantial structural issues are found, repairs must begin within 150 days of submitting the Phase Two inspection report. Associations that fail to act may face further penalties or possibly have their buildings deemed unsafe for occupancy.
Structural Integrity Reserve Study (SIRS): Financial Requirements
In addition to the milestone inspections, associations must conduct a Structural Integrity Reserve Study (SIRS). This study evaluates the costs of future repairs and sets aside the necessary funds to address these repairs without relying on waivers from unit owners, as was previously expected.
SIRS Timeline: The first reserve study must be completed by December 31, 2024, and updated every 10 years.
Associations are required to fund repairs for critical components, such as roofs, foundations, and load-bearing walls. They can no longer defer these expenses to future owners or delay necessary maintenance.
Cost Considerations and Insights
Based on my discussions with several Community Association Managers (CAMs), the costs associated with milestone inspections and SIRS vary widely depending on the size and condition of the building. On average, SIRS and milestone inspection reports range from $10,000 to $95,000. However, some associations reported even more significant discrepancies. One association received quotes ranging from $18,000 to $54,000 for the same inspection work, highlighting the importance of obtaining multiple estimates to ensure competitive pricing and a thorough understanding of the services offered.
Given the significant financial implications of these inspections, associations should start planning early and allocate sufficient reserves to cover the costs of the inspections and any repairs identified.
How to Prepare for 2024 and Beyond
Condominium and cooperative associations in Florida and Collier County must act now to comply with these new regulations. Here are vital steps to take:
Schedule Inspections Early: With the approaching December 31, 2024 deadline, associations should schedule their milestone inspections as soon as possible.
Engage Qualified Professionals: Ensure that inspections are conducted by licensed architects or engineers with experience in structural assessments and reserve studies.
Obtain Multiple Estimates: As noted, inspection costs can vary widely. Associations should gather multiple bids to ensure they receive fair and competitive pricing.
Budget for Long-Term Repairs: The new laws mandate sufficient reserve funding for future repairs, and associations should plan their budgets accordingly.
By staying proactive and financially prepared, associations can ensure they comply with these new legal requirements while protecting their properties' long-term safety and value.
References:
Milestone Inspections in Florida: What You Need to Know in 2024 - Florida Engineering LLC (flengineeringllc.com)
New Florida Condo Laws 2024: Key Updates & Implications (thefirmmiami.com)
2024 Bill Summaries - The Florida Senate (flsenate.gov)
Jurisdictional SB 154 Information – MyFloridaLicense.com
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