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2022 Legislative Update – Building Safety Legislation for Condominium and Cooperative Associations

Eisinger Law is pleased to provide a summary of the two key components of legislation enacted by the Florida Legislature during the 2022 Special Session. The 2022 Special Session brings about critical changes affecting condominium and cooperative associations statewide, in direct response to the deadly building collapse in Surfside nearly one year ago. The statutory changes are effective immediately and will have significant impact on the fiscal and operational aspects of associations.

Mandatory Structural Inspections for Condominium and Cooperative Buildings. The Legislature has imposed a statewide structural inspection program for aging condominium and cooperative buildings, requiring milestone inspections for each building that is three (3) stories or more in height by December 31 of the year in which the building reaches thirty (30) years of age, and every ten (10) years thereafter. If a building is located within three (3) miles of a coastline, the milestone inspections must be performed at twenty (25) years of age, and ever ten (10) years thereafter.

All buildings that received a certificate of occupancy on or before July 1, 1992 have until December 31, 2024 to complete their initial milestone inspection. Associations must arrange for the milestone inspection to be performed and are held responsible for ensuring compliance with these new statutory requirements. Associations are responsible for all costs associated with the performance of the milestone inspections. Noncompliance with these requirements may result in a determination that a building is unsafe for human occupancy.

Structural Integrity Reserve Study and Reserve Requirements. In addition to the already existing statutory reserve requirements, the Legislature has imposed the requirement of a structural integrity reserve study. Associations must have a structural integrity reserve study completed at least every ten (10) years after the condominium or cooperative’s creation for each building on the property that is three stories or higher. Existing associations must have a structural integrity reserve study completed by December 31, 2024 for each building on the condominium or cooperative property that is three stories or higher in height.

Effective December 31, 2024, the members of such a unit-owner controlled association may not waive or partially waive reserves for items listed on the structural integrity reserve study. In addition, effective December 31, 2024, unit owners may not vote to use reserve funds (or any interest accrued thereon) that are reserved for any of the items listed on the structural integrity reserve study for any other purpose (i.e., other than their intended purpose).

If you have any questions in regard to the foregoing matters or would like additional information with respect thereto, please do not hesitate to call or write and we will be happy to assist you.

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