DeSantis signs amended condo safety bills into law on anniversary of Surfside collapse

Gov. Ron DeSantis signed bills amending the state’s condo safety legislation, four years after the deadly Surfside collapse.

On Monday, DeSantis signed House Bill 913 and House Bill 393 into law.

The June 24, 2021 collapse of Champlain Towers South killed 98 people overnight, ranging in age from just 1 year old to 92 years old.

Lawmakers responded by requiring that condo and townhouse buildings of at least 30 years old and three stories tall complete structural integrity reserve studies (SIRS) by the end of last year; and that associations begin to fully fund their financial reserves in their budgets beginning this year, based on their SIRS. Milestone inspections are also required once buildings turn 30 years old and every 10 years after.

What does the latest legislation do?

HB 913, which takes effect July 1, extends the deadline for SIRS to the end of this year.

If condo associations completed their milestone inspections within the previous two years, their boards will be able to pause or reduce reserve fund contributions if the association approves it. This will apply to associations with budgets adopted by the end of 2028, and does not apply to developer-controlled associations.

The bill allows associations to use lines of credit or loans to fund specific reserves.

It also raises the minimum cost threshold for major projects, such as roof replacements, building painting and pavement resurfacing, to $25,000 from $10,000. These projects are part of a condo association’s reserves.

HB 913 also aims to crack down on conflicts of interest.

Licensed architects or engineers who bid on milestone inspection work are required to disclose in writing their intent to bid on future work, which may be recommended by the milestone inspection. Contractors or design professionals who bid to complete work tied to the milestone inspection can’t have an interest in the company providing the milestone inspection or be related by blood or marriage to the person or entity completing the inspection.

Community association managers will be required to create and maintain online licensure accounts and disclose the company they work for. Such managers who had their licenses revoked can’t have an interest in or be employed by a property management firm anytime during the 10-year period immediately following that manager’s license being revoked.

The local enforcement agency (city or county) will be required, by the end of this year, to provide the state with information disclosing the number of buildings requiring milestone inspections, the number of buildings that have completed the first phases of their inspections, those granted extensions, those requiring phase twos, details on the permit applications required, and a list of buildings that have been deemed unsafe or uninhabitable. The state’s Office of Program Policy Analysis and Government Accountability will collect this information.

House Bill 393 restricts which buildings can receive grants through the My Safe Florida Condo Pilot Program to those that have complied with SIRS and milestone inspection requirements. Buildings that are at least three stories tall and have at least two units per structure are eligible. The bill also requires only 75 percent of unit owners approve applying for the grant, a drop from 100 percent.

Grants for roof-related projects will be limited to $11 per square foot multiplied by the square footage of the replacement roof, with the maximum grant capped at 50 percent of the cost of the project. The cost can also not exceed $1,000 per unit. The maximum grant that can be awarded for roof and opening protection-related projects (such as hurricane protection) is $175,000 per association.

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