Bill to enhance condo safety measures becomes law
Sponsors said the measures build on reforms, including mandated structural inspections that were enacted after the Champlain Towers South collapse that killed 98 Surfside residents in 2021
Sen. Jennifer Bradley
Condominium associations will have to be more accountable to residents under a measure, crafted with Real Property, Probate and Trust Law Section input, that Gov. Ron DeSantis signed late last week.
HB 1021, by Rep. Vicki Lopez, R-Coral Gables, cleared the House 111-0 on March 1, and the Senate, 40-0, five days later.
Republican Sen. Jennifer Bradley, a Flemming Island attorney, sponsored the companion, SB 1178. Democratic Sen. Jason Pizzo, a Miami attorney, is a co-sponsor.
Sponsors said the measures build on reforms, including mandated structural inspections that were enacted after the Champlain Towers South collapse that killed 98 Surfside residents in 2021.
The bill revises educational requirements for condominium association members and requires condo boards to maintain records and post them online.
Other provisions require competitive bidding for contracts that exceed $2,500 and enhance penalties for board members who solicit kickbacks.
A Miami-Dade prosecutor told a legislative committee earlier this year that some condo board members demand free maintenance on their units in exchange for awarding a contract. One board member asked a contractor to overcharge his association $50,000 for a project, and to return the money to him, the prosecutor said.
Former Florida Condominium Ombudsman Spencer Henning told the panel that mandatory arbitration works to address some resident concerns, but he said existing law leaves too many residents powerless to challenge board members in court.
Tallahassee attorney Pete Dunbar, speaking on behalf of the Real Property, Probate and Trust Law Section, suggested that lawmakers give state regulators more authority.
The legislation includes a nearly $7.5 million appropriation that will allow the Department of Business and Professional Regulation to enhance the operations of the Division of Condominiums, Mobile Homes, and Timeshares.
“We learned there are still all kinds of problems, from transparency issues with condo boards and the owners, governance issues between access to records and elections, and financial accountability, a big issue,” Lopez said when she rolled out the proposal in January.
The legislation takes effect July 1, 2024.
