Introduction to Condo Safety Law Changes
Florida lawmakers gave final approval Wednesday to a bill aimed at reforming a condominium safety law passed in 2022 in the wake of the partial collapse of Champlain Towers South, which killed 98 people in Surfside in June 2021.
Condo owners have been facing higher costs because of the 2022 law, which requires condo associations to have sufficient reserves to cover major repairs and to conduct a survey of reserves every decade.
Background and Motivation
Sponsors of this year’s bill said further changes were needed to allow for more flexibility and to lessen the burden of new costs shouldered by residents, while ensuring protections remain in place to prevent another potential collapse.
“Without moving one step backwards on safety, this bill provides options, flexibility, and relief so condo owners and associations can prioritize the most important repairs first,” said Republican state Sen. Jennifer Bradley, a sponsor of the bill.
The Need for Reform
Residents and attorneys say regulations prior to 2022 allowed condo associations to keep fees low by failing to save money for future repairs, only to hit residents with steep special assessments when repairs couldn’t be put off any longer. The mounting cost of funding deferred maintenance and building up reserves has strained residents in the condo haven of South Florida, especially retirees and those living on fixed incomes.
In Hallandale Beach, condo owner Kelli Roiter sympathizes with people having trouble paying the higher fees, but said she supports rules requiring associations maintain reserves for needed repairs.
Her building was built in 1971 and sits a few miles from Champlain Towers South.
“I’m concerned that this building will collapse,” Roiter told The Associated Press in December. “There are nights I wake up hearing a creak, and I jump. And then I remind myself that, no, no, no, we’re safe. But am I safe?”
Key Provisions of the Bill
The bill, which now heads to the desk of Republican Gov. Ron DeSantis, would allow certain condo associations to fund their reserves through a loan or line of credit, give residents greater flexibility to pause payments to their reserves while they prioritize needed repairs, extends the deadline by which associations have to complete structural integrity studies and exempts some smaller buildings from having to do those analyses.
“We have strived to reach that delicate balance between the safety of our constituents that live in condominiums, as well as understanding the incredible financial impact that sometimes these particular bills that we pass have,” said bill sponsor state Rep. Vicki Lopez, a Miami Republican.
“I will continue this work as long as we need to do so,” she added.
Conclusion
The approval of this bill marks a significant step towards addressing the concerns of condo owners in Florida while maintaining the safety standards put in place after the tragic collapse of Champlain Towers South. By providing more flexibility and options for condo associations, the bill aims to alleviate some of the financial burdens on residents without compromising on safety.
FAQs
- Q: What prompted the changes to the condo safety law in Florida?
A: The changes were prompted by the partial collapse of Champlain Towers South in Surfside, which highlighted the need for stricter safety regulations and reserve requirements for condo associations. - Q: How do the new provisions aim to help condo owners?
A: The new provisions aim to provide more flexibility and options for condo associations, such as funding reserves through loans or lines of credit, pausing reserve payments to prioritize repairs, and extending deadlines for structural integrity studies. - Q: Will the changes compromise on safety?
A: According to the sponsors of the bill, the changes are designed to maintain the safety standards put in place after the Champlain Towers South collapse while alleviating some of the financial burdens on residents.
