Florida’s regulatory landscape for condominiums continues to evolve, driven largely by lessons learned in the wake of the 2021 Surfside collapse. Recent legislative updates—including SB 4-D, SB 154, and the landmark HB 1021 (2024), require developers, condo boards, and owners to be proactive about safety, transparency, and long-term risk management.
Milestone Inspections & Structural Safety
Under Florida law, all condominium buildings three stories or higher must undergo a “milestone inspection” by a licensed engineer or architect. The initial inspection is due by December 31 of the year the building turns 30, with re-inspections every 10 years thereafter.
Previously, buildings within three miles of the coast faced a 25-year initial deadline, but this was standardized to 30 years statewide. However, local jurisdictions may still enforce stricter timelines. HB 1021 (2024) extended the compliance deadline for many buildings to December 31, 2025. Failure to comply can lead to severe consequences, including insurance ineligibility, occupancy restrictions, and legal liability for board members.
Structural Integrity Reserve Studies (SIRS)
A Structural Integrity Reserve Study (SIRS) is a mandatory financial planning tool. It requires a visual inspection of critical structural components—such as the roof, load-bearing walls, foundation, and balconies—to determine their remaining useful life and estimate replacement costs.
Starting December 31, 2024, condominium associations are prohibited from waiving or underfunding the reserves for these essential structural items. Boards can no longer use these funds for other purposes, ensuring that money is set aside for necessary future repairs.
Fire Safety and Building Component Inspections
Florida’s building and fire codes are also being updated. As of January 1, 2025, many high-rise condominiums must install two-way emergency radio communication systems to enhance first responder safety.
Additionally, the visual inspections of balconies, waterproofing, and other structural elements are now formally integrated into the mandatory SIRS process, ensuring these components are regularly assessed by a qualified professional as part of the 10-year cycle.
Governance & Financial Transparency
Recent legislation has introduced major changes to condominium governance and transparency:
- Board Member Term Limits: HB 1021 sets term limits for board members at a maximum of eight consecutive years, unless they are approved to serve longer by a two-thirds vote of all unit owners.
- Conflict of Interest: Stricter rules require the disclosure of any conflicts of interest.
- Online Records: Associations with 25 or more units must post official records on a secure association website. By January 1, 2026, this must include the summary of the milestone inspection and the full SIRS report.
- Buyer Disclosures: The rescission period for prospective buyers to review condominium association disclosures and financials has been increased from three to seven business days.
Why This Matters for Developers & Boards
- Ensuring timely milestone inspections and fully funded SIRS is critical to avoid legal, financial, and insurance penalties.
- Updated safety standards directly reduce risk and can lower long-term liability exposure.
- Transparent governance and mandatory reserve funding build owner trust and protect property values.
Implementing the Changes
Condominium associations and developers should take the following proactive steps:
- Schedule Milestone Inspections: Ensure inspections are completed by the December 31, 2025, deadline to avoid penalties.
- Commission a SIRS: Obtain a Structural Integrity Reserve Study immediately and adjust the 2025 budget to fully fund structural reserves without waivers.
- Address Safety Upgrades: Implement required fire-safety upgrades and ensure all structural components are assessed during the SIRS process.
- Revise Governance Policies: Update bylaws to align with new term limits, conflict-of-interest rules, and online record-sharing requirements.
- Update Resale Documents: Ensure disclosure packets provided to potential buyers are updated to reflect the new seven-day review period.
Staying informed and compliant with the latest Condominium Safety Regulations safeguards residents and protects investments, helping fortify Florida communities against future tragedies.