Florida League of Cities

Condominium Associations (Monitor) – Passed 

CS/CS/SB 154 (Bradley) revises the milestone inspection requirements for condominium and cooperative buildings that are three or more stories in height. In addition, the bill makes other changes concerning condominium and cooperative associations and reserve and structural integrity reserve study requirements. With respect to milestone inspection, the bill revises requirements to: 

•Limit the milestone inspection requirements to buildings that include a residential condominium or cooperative; 

•Provide that the milestone inspection requirements apply to buildings that in whole or in part are subject to the condominium or cooperative forms of ownership, such as mixed-ownership buildings; 

•Clarify that all owners of a mixed-ownership building in which portions of the building are subject to the condominium or cooperative form of ownership are responsible for ensuring compliance and must share the costs of the inspection; 

•Require a building that reaches 30 years of age before December 31, 2024, to have a milestone inspection before December 31, 2024; 

•Delete the 25-year milestone inspection requirements for buildings that are within three miles of the coastline; 

•Authorize the local enforcement agencies that are responsible for enforcing the milestone inspection requirements the option to set a 25-year inspection requirement if justified by local environmental conditions, including proximity to seawater; 

•Authorize the local enforcement agency to extend the inspection deadline for a building upon a petition showing good cause that the owner or owners of the building have entered into a contract with an architect or engineer to perform the milestone inspection services and the milestone inspection cannot reasonably be completed before the deadline; and permit local enforcement agencies to accept an inspection and report that was completed before July 1, 2022, if the inspection and report substantially complies with the milestone requirements; 

•Provide that the inspection services may be provided by a team of design professionals with an architect or engineer acting as a registered design professional in responsible charge; and 

•Clarify that an association must distribute a copy of the summary of the inspection reports to unit owners within 30 days of its receipt. 

The bill requires the Florida Building Commission (FBC) to establish by rule a building safety program to implement the milestone inspection requirements within the Florida Building Code. The FBC must specify the minimum requirements for the building safety program by December 31, 2024, including inspection criteria, testing protocols, standardized inspection and reporting forms that are adaptable to an electronic format, and record maintenance requirements for the local authority having jurisdiction. 

Effective date: Except for the dispute resolution provisions that take effect on July 1, 2027, the bill takes effect upon becoming law. (Branch)