Enhanced Safety Regulations for Florida Condominiums: Governor DeSantis Signs Senate Bill 154

Enhanced Safety Regulations for Florida Condominiums: Governor DeSantis Signs Senate Bill 154

On June 7, 2024, Governor Ron DeSantis approved Senate Bill 154, ushering in significant changes to the regulations governing condominium buildings in Florida. This new law introduces key amendments focused on milestone inspections, flood insurance coverage, and reserve funding, all designed to enhance the safety and financial readiness of condominium properties.

Advancing Condominium Safety

Senate Bill 154 builds upon previous legislation enacted in response to the tragic Surfside building collapse in 2021, which tragically claimed 98 lives. Miami-Dade County Mayor Daniella Levine Cava remarked on the importance of these new measures, saying, "“These measures will help to protect hundreds of thousands of Floridians living in condo buildings just like the Champlain Towers South."

Key Provisions of SB 154

1. Revised Milestone Inspection Requirements:

   1. Buildings with three or more stories, including residential condominiums or cooperatives, must follow updated inspection protocols.

   2. The mandate for inspections every 25 years for buildings near the coastline has been removed, but local authorities retain the ability to establish similar requirements if necessary.

   3. Buildings three stories or higher must now undergo inspections after 30 years of occupancy, or 25 years if within three miles of the coastline, with subsequent inspections every 10 years.

2. Community Association Managers:

   1. The requirement for community association managers to comply with provisions related to mandatory structural inspections has been adjusted.

3. Flood Insurance:

   1. Certain units are exempt from flood insurance requirements if covered under a flood master policy for personal property or located above specific floors within a special flood hazard area.

4. Access to Records:

   1. Association members and their authorized representatives have the right to inspect official records of the association without restriction.

5. Reserve Funding and Structural Integrity:

   1. Condominium and cooperative associations subject to the Structural Integrity Reserve Study (SIRS) must align their budgets with the latest SIRS findings and recommendations starting January 1, 2025.

   2. The Florida Building Commission is responsible for establishing a comprehensive building safety program within the Florida Building Code by the end of 2024.

   3. Owners of mixed-ownership buildings must ensure compliance and share inspection costs.

   4. Buildings reaching 30 years of age before December 31, 2024, must complete a milestone inspection by that date.

   5. The law introduces alternative funding methods for multicondominium associations to meet reserve funding obligations.

6. Dispute Resolution:

   1. Starting July 1, 2027, the law expands mediation options for condominium and cooperative unit owners, allowing mediation for specific structural and life safety inspection disputes.

7. Maintenance Obligations of the Association:

   1. The law outlines maintenance responsibilities for condominium and cooperative associations, including repair and replacement of applicable property.

   2. Post-turnover, the association must maintain property as outlined by the developer until new maintenance protocols are established.

8. Presale Disclosures:

   1. Developers must provide prospective buyers with information about milestone inspections, SIRS, and reserve studies if applicable.

   2. Additional presale notice requirements in contracts ensure buyer awareness.

For more detailed information and how these changes might affect your property, feel free to contact Scott Gordon Group.

Scott Gordon

Email: [email protected]

Phone: (561) 346-4141

Mindy Gordon

Email: [email protected]

Phone: (561) 302-3133