Condo safety measure moves in the House
Daniel Perez
Vowing to prevent another Surfside disaster, a House panel has approved a measure that would require condominium associations to conduct regular structural inspections and reserve studies to ensure they have the necessary resources to safely maintain the building.
The House Pandemics & Public Emergencies Committee voted 17-1 on February 11 to approve HB 7069 by Rep. Daniel Perez, R-Miami.
“You will recall that on June 24, 2021, the Champlain Towers 12-story beachfront condominium tragically collapsed,” Perez said. “That is exactly what has led us here to today, making sure that what happened that day never happens again.”
The measure would require engineers or architects to “recertify” any building three stories or taller that has been occupied for 30 years — or 25 years if the building is within three miles of the coastline.
Regular inspections would be required every 10 years thereafter.
Any inspection that reveals “substantial damage to certain structural or life-safety systems” would trigger a “Phase 2” inspection, with a licensed architect or engineer determining needed repairs.
Local building officials would impose sanctions for failure to conduct inspections or make repairs, including condemning the structure.
“That’s the beautiful part of this bill,” Perez said. “Local government will also have a say in the implementation of this bill when it comes to timelines, or the actual fees or penalties of accountability that will take place.”
The proposed bill addresses some of the issues identified by the Real Property, Probate and Trust Law Section’s Condominium Law and Policy on Life Safety Issues Advisory Task Force.
Chaired by University of Miami School of Law Professor William Sklar, the task force was formed as a legal resource for policy makers and did not advocate for specific legislation.
An outgrowth of the Condominium and Planned Development Committee, the task force was charged with “reviewing all aspects of condominium law, development, construction, association operations and maintenance” to determine if changes or additions to the law could prevent or minimize the likelihood of another tragedy. The panel met 19 times over 90 days and received presentations from a variety of experts, including the secretary of the Department of Business and Professional Regulation, the Florida Association of Structural Engineers, the Building Officials Association of Florida, the Florida Association of Realtors, the Community Associations Institute, reserve analysts, insurance experts, and others.
The proposed legislation would be more stringent in some areas than the task force recommended, and less so in others.
For example, the taskforce recommended more frequent follow-up structural inspections — every five years.
The proposed bill would no longer allow condominium associations to waive minimum reserve requirements with a 50% vote of its board.
The task force recommended raising the threshold to 75% of voting board members, and that no association be allowed to waive mandatory reserves below 50% of the statutory requirement.
HB 7069 does not include stricter education requirements for board members, something the task force stressed as essential.
However, a separate bill, HB 547 by Rep. David Borrero, R-Miami, would mandate that board members undergo a training program approved by the Division of Condominiums, Timeshares, and Mobile Homes. Borrero’s bill has cleared two committees and is awaiting approval by Judiciary before reaching the House floor.
Will Simons, president of Association Reserves, which has done some 70,000 reserve studies for community associations nationwide, praised the intent of the legislation, but warned it doesn’t go far enough.
Simons’ company performed Champlain Towers South’s first and only reserve study, some 15 months before the collapse claimed the lives of 98 Surfside residents.
“We were part of the team of experts that tried to sound the alarm about what was going on with that property,” Simons said. “But as we all know that message was received too late.”
At the time of the tragedy, Champlain Towers South residents were embroiled in a dispute over how to pay for $15 million in repairs. Some residents were facing assessments as high as $50,000.
Simons said mandating reserve studies every 10 years, “is not nearly enough.” The industry standard is every three years, Simons said.
“Waiting 10 years between updates will allow associations to drift off course financially,” he said.
The bill requires the studies to be performed by licensed architects or engineers, but it should require reserve experts, Simons said.
“You want someone with the skills and training that comes with actually preparing them,” he said.
Rep. Mike Caruso, R-Boca Raton, noted that the bill merely sets a floor, not a ceiling, when it comes to the frequency of reserve studies.
“Is there anything in the bill that would prevent an association…from having a study [in] less than 10 years?” he asked.
No, Simons acknowledged, but that would be unlikely.
“My experience working with associations is that they will generally default to doing the bare minimum that is required by law,” he said.
HB 7069 has one more stop, in Appropriations, before reaching the House floor.
A Senate companion, SB 7042 by the Regulated Industries Committee, cleared that panel 8-0 on February 1. It has one more stop in Appropriations, before reaching the Senate floor.
The 60-day legislative session adjourns March 11.
