Senate Bill 4-D and the Champlain Towers South Disaster: A Problem in Response to a Problem

A building in Surfside collapsed, killing 98 people. A task force of experts looked into the cause and recommended changes to the law. Lawmakers introduced new bills, but none passed until a special session, where a new bill was passed quickly. This new law requires regular inspections and studies for condo buildings. People are worried it may cause more problems and lead to the loss of more condos. Condos have been a popular and affordable housing option in Florida for 60 years. In a condo, the owners are supposed to work together to take care of the building, but they often can’t agree on important decisions. After the Champlain Towers South collapsed, a report was made saying that the government should have more control over condos because the owners can’t protect themselves. Some people didn’t agree, but the government changed the law anyway. The task force looked at 12 areas to make condos safer and financially stable. They suggested changes to the condo act to address these areas. One challenge is balancing safety with the cost for condo owners. Some people with limited incomes may choose to skip safety measures to save money. The task force report suggested that some things shouldn’t be left to chance. But it’s important to note that the building that collapsed was old and many other old condos in Florida have not had major problems. This means the report might be rushing to change rules without fully understanding the situation. Lawmakers didn’t pass any building safety laws in 2022 regular session, but after receiving criticism, they proposed S.B. 4-D in the third special session. It includes some recommendations from the task force report, but also has new mandates and deadlines that may be difficult for many people in Florida to meet. Florida has a new law that requires inspections of condo and co-op buildings that are three stories or higher. The inspections look for structural damage and may require testing. Older buildings have to be inspected sooner, but the deadlines are confusing and don’t make sense for some buildings. It’s a problem that the law didn’t consider this. The law requires milestone inspections for older condos, and only licensed architects or engineers in Florida can do them. There are a lot of condos that need inspections, and it might be hard to find enough qualified people to do them all by the deadline. The deadline for completing a milestone inspection doesn’t account for any repairs that might be needed. This could cause problems for associations if they need to make significant repairs after the inspection. There’s also confusion about whether an association has to do the inspection if they don’t get a notice from the local enforcement agency. And, it’s not clear if the deadline can be shortened or extended by state action. Starting in 2025, condominium and co-op buildings three stories or higher must have reserves for important structural components, like the building’s foundation and windows. This means building owners will have to pay more in assessments to make up for reserves that were waived in the past and to fund new reserves. However, it may be difficult to determine the useful life of some of these components, and in some cases, unit owners, not the building owners, are responsible for repairing and replacing them. If the architect or engineer can’t figure out how long certain parts of the building will last, it might make their report incomplete, and they could get in trouble for not dealing with the problem.

On top of that, the new law also says that the people in charge of the building can get in trouble if they don’t do the required inspections and fixes. This could make it even harder to find people willing to help run the building. A new law called S.B. 4-D is making big changes for condo buildings with three or more stories. Associations have to give the state information about their buildings by January 2023, and the state will share it on their website. Condo associations also have to keep inspection reports for at least 15 years and share them with unit owners in a few different ways. There are some technical problems with the law, and it could have unintended consequences for people living in older condos. It might make it hard for some people to afford to live there and could lead to condos shutting down. The safety of Florida’s condos is important, especially after the Champlain Towers South collapse. But a new law, S.B. 4-D, might end up making it too expensive for condo owners to keep their homes safe, possibly forcing them to sell. Some older buildings haven’t had to spend as much on safety and haven’t had the same problems. The law was meant to protect residents, but it could end up making it harder for them to afford to stay in their homes. The Florida government passed new laws for condominium owners to prevent foreclosures and building collapses. The laws require regular inspections for structural problems and increase the amount of money condo associations must save for repairs. The laws also change the responsibilities of condo association leaders. These changes are meant to keep buildings safe and prevent financial problems for owners. The article discusses a new law in Florida that affects condominium associations. The law requires associations to accurately estimate the lifespan and cost of certain building components and to budget for their replacement. It also requires associations to report building information to the state. The law also makes changes to the requirements for reserves and financial reporting. The article mentions a court case and a news story about condominium repair assessments. The author, Martin A. Schwartz, is a real estate lawyer in Miami who has written a lot about real estate and is an expert in condominium law. Kevin M. Koushel is a lawyer in Miami who specializes in real estate law, including condominiums. He is a member of a practice group that focuses on real estate and is also involved in the Real Property, Probate and Trust Law Section. This column was submitted by that section, which aims to improve the legal system and educate its members.

Source: https://www.floridabar.org/the-florida-bar-journal/senate-bill-4-d-and-the-champlain-towers-south-disaster-a-problem-in-response-to-a-problem/