BILL SUMMARY DETAILS

Florida League of Cities

Condominium and Cooperative Associations (Watch)

CS/HB 7069 (Pandemics & Public Emergencies Committee) does the following:

•Creates a statewide building recertification requirement for condominiums and cooperative buildings that are three stories or more 30 years after initial occupancy and for buildings located within three miles of the coast, 25 years after initial occupancy

•Requires periodic recertifications every 10 years after a building’s initial recertification

•Requires an additional, more intensive inspection, or a “phase 2” inspection, if a building recertification reveals substantial damage to certain structural or life-safety systems

•Requires building officials to provide written notice to associations when buildings must be recertified

•Requires recertification and phase 2 reports be submitted to building officials and unit owners

•Provides local building officials with the ability to assess penalties for failing to comply with the requirements for building recertifications and phase 2 inspections

•Requires condominiums and cooperatives to conduct reserve studies every 10 years for buildings that are three stories or more and prohibits waiver of funding for certain reserves

•Requires developers to complete reserve studies for every building that is three stories or more prior to turning over an association to the unit owners

•Repeals the ability of developers to waive the collection of all types of reserve funds

•Requires reserve study inspections and recertification and phase 2 inspections to be performed by licensed engineers or architects

•Provides that reserve studies and recertification and phase 2 inspection reports are a part of an association’s official records and must be provided to a potential purchaser of a unit

•Provides for an additional way for condominium associations to terminate if the cost of repairs identified in a phase 2 inspection are more than 65% of the total fair market value of the units in the association

•Requires the Department of Business and Professional Regulation (DBPR) to enforce the reserve studies and recertification and phase 2 inspection requirement 

•Requires associations to notify DBPR about the number of buildings in their association that are three stories or more. CS/HB 7069 passed the House (114-0) and is awaiting action by the Senate. (Branch)