The Florida milestone inspection law mandates regular structural inspections for condominium and cooperative buildings to ensure their safety and structural integrity. This legislation was introduced in response to increasing concerns about building safety, aiming to prevent incidents similar to the Surfside condo collapse.

Here are the key aspects of the milestone inspection law in Florida:

Applicability and Scope

The milestone inspection law applies to all residential condominium and cooperative buildings that are three stories or more in height. This includes mixed-ownership buildings, where parts of the building are under condominium or cooperative forms of ownership. All owners in such buildings share the responsibility and costs for these inspections.

Inspection Timelines

• Initial Inspection: Buildings must undergo their first milestone inspection by December 31 of the year they reach 30 years of age.
• Subsequent Inspections: Inspections must be repeated every ten years thereafter.
• Special Conditions: Local enforcement agencies may require buildings within close proximity to saltwater or under specific environmental conditions to conduct their first inspection at 25 years of age, followed by subsequent inspections every ten years.

Phases of Inspection

1. Phase 1: A visual examination to identify any signs of substantial structural deterioration. This phase must be initiated within 180 days of receiving notice from local building officials.
2. Phase 2: If Phase 1 reveals significant structural issues, a more detailed inspection, possibly involving destructive or non-destructive testing, is required.

Compliance and Reporting

• Notification: Local enforcement agencies will notify condominium or cooperative associations of the need for an inspection. Associations must then inform unit owners of these deadlines within 14 days of receiving notice.
• Reporting: The results of the inspections must be submitted to the local building official, the association, and made accessible to all unit owners. If Phase 2 is required, a progress report must be submitted within 180 days after the Phase 1 report.

Cost Responsibility

The cost of these inspections is the responsibility of the condominium or cooperative association in accordance with their governing documents.

Exemptions

The law exempts certain buildings from the inspection requirements, including:

• Buildings less than three stories in height
• Single-family, two-family, and three-family dwellings with three or fewer habitable stories above ground
• Portions of buildings not owned or maintained by the association

Extensions and Pre-Existing Reports

Extensions for completing inspections can be granted if there is a justified reason, such as having an existing contract with an architect or engineer. Additionally, inspections conducted before July 1, 2022, may be accepted if they meet the current standards.

Importance of Compliance

Compliance with the milestone inspection law is crucial for ensuring the safety and structural integrity of buildings. Associations that fail to meet these requirements may face legal and financial penalties, including breaches of fiduciary duty to unit owners.

The Florida milestone inspection law is a critical measure designed to protect residents and maintain the structural integrity of condominium and cooperative buildings. By adhering to these regulations, associations can help prevent future tragedies and ensure a safer living environment for all residents.