Florida Condo Safety Legislation Update
The Community Associations Institute (CAI) and the CAI Florida Legislative Alliance (CAI-FLA) are proud to work with Florida legislators to ensure condominium safety and the financial stability of building projects. CAI claims, "protecting the millions of residents living in condominiums and other high-rise communities is the top priority."
Florida Legislators Meeting
In October 2021, CAI released the Condominium Safety Public Policy Report. CAI began meeting with Florida legislators to share the report's findings and recommendations to address building maintenance, structural integrity, and reserve studies and funding. This meeting was due to the partial collapse of Champlain Towers South in Surfside, Fla., last June. CAI says it "Is pleased that several bills in the Florida Legislature have adopted the public policy positions detailed in the report."
SB 1702: Mandatory Building Inspections
This bill requires inspections for all condominium buildings at least 30 years old (one of CAI's public policy recommendations). SB 1702 has building inspection requirements consistent with the Miami Dade County Grand Jury Report on Champlain Towers South. The Champlain Towers South board president's letter to residents notes that "observable damage such as in the garage has gotten significantly worse since the initial inspection." It also reads that "the concrete damage observed would begin to multiply exponentially over the year."
The letter from the board president demonstrates the need for building inspections. The bill received a favorable report from the Florida Senate Committee on Community Affairs.
SPB 7042: Community Association Building Safety
This bill requires mandatory reserve studies and authorizing a community's governing board to adopt a special assessment or borrow money for specific reasons. CAI believes that "SPB 7042 would give boards the necessary authority to invest required maintenance and reserve funding for capital replacements without giving residents the option to opt-out of funding critical projects."
CAI's public policy positions for condominium safety are consistent with the recommendations of Florida engineers, the Florida Real Property Probate and Trust Section of the Florida Bar Association, and the Miami Dade County Grand Jury report to ensure a tragedy like the Champlain Towers South condominium collapse never happens again.
Unfortunately, other advocates are pushing legislation under the auspices of condominium safety that will ultimately compromise homeowner builder warranty protection.
SB 736: Construction Defect Claims
CAI opposes this bill, which would shorten when an owner, including a community association, must take legal action against contractors for latent or hidden construction defects from 10 years to four. Typically, latent defects cannot be seen, including foundation issues or leaks behind siding and under roofs. The legislation creates expensive and burdensome requirements to comply with before starting legal proceedings. It places the risk of a structural defect on homeowners.
Reports have circulated indicating potential responsible factors for the Champlain Towers South failure under investigation include water intrusion and corrosion of structural supports, corruption on the part of the building, and absence of the required amount of steel reinforcement. CAI is disappointed that proponents of SB 736 are trying to change the law to compromise consumer protections and condominium safety further.
CAI is urging Florida legislators and Governor Ron DeSantis to pass legislation providing a framework for condominium safety and financial stability that protects the 9.6 million Floridians living in community associations, according to estimates from the Foundation for Community Association Research.
Condominium safety is a CAI and Condominium Associates' priority but should also be a priority for legislators. Thankfully, forty state legislatures have convened sessions in 2022. While we are only one month into 2022, Florida, Hawaii, Illinois, New Jersey, and Virginia have legislative proposals for condominium or housing cooperative building inspections. Florida, Illinois, Maryland, and Virginia have legislative proposals about mandatory reserve studies.
To view CAI's Condominium Safety Public Policy Report, visit www.caionline.org/condosafety.
To view facts and figures on Florida community associations, click here.
