Shortly after midnight on June 24, 2021, part of the Champlain Towers South condominium in Surfside, Florida collapsed without warning. This tragedy claimed 98 lives and stunned the nation. In its aftermath, Florida officials and lawmakers faced a harsh reality: condominium safety regulations had serious gaps. For decades, many condo buildings aged without thorough structural check-ups or adequate repair funds, a problem that Surfside brought into stark focus. In response, Florida has overhauled its condominium laws, and Miami-Dade County has strengthened local building safety ordinances. This guide will walk Florida condo owners through what changed – comparing the rules before Surfside to the new requirements after Surfside – and explain what these changes mean in practical terms. We’ll cover new inspection schedules, reserve funding mandates, board responsibilities, and key deadlines, all in clear language (no legalese!) so you can understand how to keep your building safe and compliant.
Before The Surfside Collapse: Old Rules & Gaps
Prior to 2021, Florida’s condo safety regime was far less rigorous than it is now. Statewide, there was no requirement for routine structural inspections of older condominium buildings. Only in Miami-Dade County (and neighboring Broward County) did local codes mandate a “40-year recertification,” meaning buildings had to undergo a structural and electrical safety inspection once they hit 40 years of age (and every 10 years thereafter). Elsewhere in Florida, a high-rise condo could stand for decades with no mandated structural check-up after it was built. This patchwork left many buildings uninspected as they aged, unless proactive condo boards voluntarily hired engineers to assess them.
Compounding the issue, Florida law allowed condo associations to waive or underfund their reserves for building repairs and maintenance. Each year, owners could vote to skip setting aside reserve money for major projects like roof replacement or concrete restoration. In practice, many associations (especially those aiming to keep monthly fees low) regularly waived these reserves. That meant critical repairs were often delayed for lack of funds, until problems became severe or an emergency forced action. Champlain Towers South was a stark example – needed structural repairs had been identified but repeatedly postponed amid disputes over cost, leaving the building in a vulnerable state when it collapsed.
Other gaps existed as well. Condo boards had a general duty to maintain the property, but there was no explicit state law requiring them to promptly address structural defects or to inform owners about such issues. Important engineering reports could be kept within the board’s files, with owners in the dark unless they proactively asked for records. In short, before Surfside, Florida lacked a comprehensive framework to ensure aging condos were inspected, repaired, and financially prepared for major upkeep. The combination of infrequent local inspections, waived reserves, and deferred maintenance created a recipe for potential disaster – one that tragically came true in Surfside.
Post-Surfside Reforms: Statewide Changes In Law
The Surfside collapse was a wake-up call that prompted swift action from Florida’s legislature. In 2022, lawmakers convened in a special session and passed Senate Bill 4-D (2022) (SB 4-D), often called the “Surfside safety bill,” which for the first time established statewide mandates for condominium building inspections and reserve funding. In 2023, the Legislature followed up with Senate Bill 154 (CS/CS/SB 154), a package of amendments to fine-tune and clarify the new requirements. Together, these laws have fundamentally changed how condo associations operate. The Florida Condominium Act (Chapter 718, Florida Statutes) now imposes strict rules to ensure structural safety and financial preparedness. Let’s break down the key reforms – what condo owners need to know about milestone inspections, structural reserve studies, reserve funding, and board responsibilities under the new laws.
Mandatory “Milestone” Structural Inspections
One of the biggest changes is the introduction of regular structural safety inspections for aging condo buildings, called Milestone Inspections. Every condominium or cooperative building in Florida that is three stories or higher must now undergo a milestone inspection once the building reaches a certain age, and then re-inspect every 10 years thereafter. The purpose is to catch structural problems (like concrete deterioration, weakening supports, etc.) early, before they pose a danger.
When is the first inspection due? Under SB 4-D’s original terms, the trigger was 30 years of age (measured from the building’s original certificate of occupancy) or 25 years of age if the building is within 3 miles of a coastline, whichever applied, with the inspection to be completed by December 31 of that year. However, SB 154 in 2023 adjusted this rule. Now, all buildings hit their first milestone at 30 years by default, but local officials have the authority to require a 25-year inspection for areas with aggressive environmental conditions (such as salty coastal air). In practice, this means the state law no longer automatically forces a 25-year schedule for coastal buildings statewide; instead, counties or cities can opt to impose the earlier 25-year timeline if locally needed. (As we’ll see below, Miami-Dade County has indeed kept a 25-year requirement for its coastal buildings.)
Deadlines for existing buildings: The law also set phased deadlines so that currently older condos get inspected soon. If a condo building had its certificate of occupancy on or before July 1, 1992 – meaning it was already over 30 years old as of 2022 – it must complete its initial milestone inspection by December 31, 2024. Buildings that reach 30 years old between 2022 and 2024 got a slight extension; those must have their first inspection by the end of 2025. Going forward, any building will be on the regular schedule: in the calendar year it turns 30 (unless a local 25-year rule applies), the milestone inspection is due by December 31 of that year. After the initial milestone, re-inspection is required every 10 years for the life of the building. This creates a permanent cycle of check-ups to ensure no high-rise condo goes decades without a professional eye on its structural health.
What does a milestone inspection involve? The law defines a two-phase process. Phase 1 is a visual examination by a licensed Florida engineer or architect. They will survey the building’s key structural components (such as columns, beams, load-bearing walls, slabs, balconies, etc.) for any signs of significant deterioration. Think of it as a general doctor’s check-up for the building – if nothing alarming is found, the inspection may stop there. However, if the engineer does see signs of “substantial structural deterioration” (for example, extensive concrete cracking, spalling, or corrosion that could affect structural integrity), then a Phase 2 must be performed. Phase 2 is a more detailed evaluation that may include cutting samples (cores), laboratory testing of materials, or calculations to assess the extent of the damage. In short, Phase 1 asks “Do we see any red flags?” and if yes, Phase 2 asks “How bad is it and what must be done?”
Who pays and who performs it? The condo association is responsible for hiring the engineer/architect and covering the cost of the milestone inspection (SB 4-D). Only licensed professionals can perform these inspections, and they must act independent of the association’s influence – the association’s role is simply to facilitate access and pay for the work. Associations cannot avoid the duty by claiming cost as an excuse; it’s a legal obligation now, much like a health department inspection for restaurants.
Reporting and follow-up: Once a milestone inspection is completed (whether just Phase 1 or also Phase 2), the inspector must provide a sealed report with their findings. A summary of this report must be sent to the condo association and to the local building officials. Importantly, the association must distribute the inspector-prepared summary to all unit owners, either by mail or personal delivery (and by email to those who’ve consented). This was a deliberate reform to improve transparency – every owner has a right to know the condition of their building, regardless of the findings. In the past, an engineering report might sit in the management office; now it must be shared openly. Additionally, the association is required to post a copy of the report summary on the property (e.g. in a lobby or accessible bulletin board) for residents to see (SB 4-D).
If the milestone report finds that structural repairs are needed (i.e. problems constituting “substantial structural deterioration”), the law mandates timely follow-up. Under state law, the condo association has 365 days from receiving a Phase 2 report to commence the required repair work. Local authorities can shorten this timeframe by ordinance – for example, a county could require faster action if conditions are severe. Indeed, Miami-Dade’s updated ordinance now sets specific timelines for repairs and even requires a “safe occupancy” plan if a building is found unsafe (more on that in the Miami-Dade section). If an association drags its feet and doesn’t at least schedule or start repairs within the year, the local building enforcement agency is empowered to step in. They can declare the building unsafe for occupancy and take appropriate action. In other words, ignoring a serious repair need could lead to the county ordering evacuations or taking enforcement measures – a strong incentive for boards to act promptly.
The milestone inspection program is essentially Florida’s answer to prevent another Surfside. Before, only Miami-Dade/Broward had anything like it (at 40-year intervals); now, every Florida condo of 3+ stories will get a structural check at 30 years (or 25 if locally required) and every 10 years after. This should catch problems earlier. It’s worth noting that milestone inspections are purely about structural safety – the law explicitly states they are not about building code compliance or cosmetic issues (SB 4-D). The goal is to ensure the building remains structurally sound and to flag any repairs needed to keep residents safe.
Structural Integrity Reserve Studies (SIRS)
Parallel to the inspection requirement, the new laws tackle the financial side of condo safety. A major lesson from Surfside was that knowing about a problem isn’t enough if the association lacks the money to fix it. Champlain Towers South had identified needed repairs years earlier, but delays in raising funds contributed to the lack of action. To address this, Florida now requires condo associations to conduct a Structural Integrity Reserve Study, often abbreviated as SIRS, for each building that is three stories or higher. This is essentially a long-term capital planning assessment focused on the structural and life-safety components of the property.
What is a SIRS? It’s a formal study that examines key common elements of the building (especially those critical to structural soundness or safety), determines their remaining useful life and estimated replacement or repair cost, and from that calculates how much money the association should reserve each year so that these components can be replaced or repaired when needed. In simpler terms, it’s a budget planning tool – a roadmap of upcoming big-ticket repairs and a savings plan to pay for them. Florida law now defines a SIRS in statute, including a list of the minimum components that must be studied:
- Roof.
- Load-bearing walls or other primary structural members.
- The building’s structural foundation (note: SB 154 in 2023 adjusted this so that if a component has a remaining life beyond 25 years, it might not need a reserve; in practice, foundations – usually very long-lived – may not require a reserve fund).
- Floors (the structure of floors/ceilings) – though SB 154 removed “floor” and “foundation” as separate listed items and instead included them under the broader category of “building structure”.
- Fireproofing and fire protection systems (e.g. sprinklers, alarm systems).
- Plumbing systems.
- Electrical systems.
- Waterproofing and exterior painting (these are critical for preventing water intrusion that can damage concrete and rebar).
- Windows (and any other components that, if failing, could impact structural integrity or safety).
- Any other item that has a deferred maintenance or replacement cost over $10,000 and which, if not maintained, could negatively affect the structural integrity or safety of the building.
That list covers most of the “big ticket” elements of a condo building that owners rely on the association to maintain. The study must, at a minimum, evaluate each of those items (if the item exists in that building) and provide: the estimated remaining useful life of the item, the estimated cost to replace or repair it when needed, and a recommended annual reserve funding amount so that by the end of its life the association will have saved enough to cover the cost.
Who does the SIRS? The visual inspection portion of the reserve study must be performed by or verified by a licensed engineer or architect. However, the calculations and other portions can be done by any “qualified person.” The law specifically recognizes professionals with certain reserve study certifications (Reserve Specialist (RS) or Professional Reserve Analyst (PRA) designations) as qualified to prepare these studies. In practice, many associations will hire specialized reserve study firms, sometimes in conjunction with engineering firms, to conduct the SIRS. The idea is to have a knowledgeable assessment – it’s not a DIY project for the board.
Frequency and deadlines: A structural integrity reserve study must be completed at least once every 10 years for each applicable building. The first SIRS has a hard deadline: **Every condo association existing on or before July 1, 2022 (that is controlled by unit owners, not still under a developer) must complete a SIRS by December 31, 2024. This means essentially all current condos (since that date encompassed everyone except brand-new buildings or those still developer-controlled in mid-2022) have to get their initial study done by end of 2024. Recognizing the timeline was tight, the 2023 amendments (SB 154) provided a limited extension in some cases: if a condo must do a milestone inspection by the end of 2025 or 2026 (because of the phased-in schedule), it may perform the SIRS at the same time, but no later than December 31, 2026. In other words, if your building came due for its first structural inspection in 2025 or 2026, you can choose to do the reserve study concurrently rather than by 2024, but absolutely by the end of 2026 you must have it done. For most associations, though, the safe assumption is to finish the SIRS by the 2024 deadline.
Once completed, the SIRS will recommend annual reserve funding levels for each component. The association doesn’t just put this on a shelf – it directly feeds into the budget (as we’ll cover in the next section). Note that if a particular component is so new or long-lived that it has more than 25 years of life, the law allows that the study may recommend not reserving for that item (it could recommend a deferred maintenance plan instead). For example, a brand new roof installed this year might have a 30-year life; the SIRS could say you don’t need to start reserving for its replacement yet. But anything within a 25-year horizon must be accounted for, which practically covers most structural and mechanical elements.
Finally, associations should be aware that failing to complete a SIRS when required is now considered a breach of the board and management’s duties. Florida law explicitly states that if a board fails to undertake the required reserve study, it is a breach of the officers’ and directors’ fiduciary duty to the owners. This opens the door to potential legal liability for boards that ignore the mandate – unit owners could take action against the board for not acting, and the state’s regulatory agency (the Division of Condominiums) can also enforce compliance.
Reserve Funding Requirements: No More Waiving On Safety Components
Having inspections and reserve studies is only half the battle – the other half is ensuring the association actually has the money to fix problems that are found, either now or in the future. Before these reforms, as noted, Florida condo law let owners vote to waive or reduce reserve contributions. It was common for associations to keep assessments as low as possible by not funding reserves for painting, pavement, or even roofs, counting on the ability to do special assessments later if needed. This practice left many buildings with underfunded reserves – in fact, studies show Florida led the nation in under-reserved associations. The Surfside legislation dramatically changes this approach, at least for the critical components.
Under the new law, for any condominium that is required to do a SIRS (i.e. three stories or higher residential condos), the association **must budget sufficient reserves for all items identified in the SIRS, and these reserves cannot be waived or reduced by the membership. In short, if the reserve study says you need to put aside $X per year for the roof, structural elements, etc., the association has to include those amounts in the budget. Unit owners will no longer have the option to vote to skip funding those components. This is a huge shift from prior law. It ensures that money will be accumulating to cover major repairs, so that when the time comes, the funds are there (or at least a good chunk of them, potentially reducing the size of any special assessment).
When does this kick in? The requirement is tied to the budgeting process for 2025 and beyond. SB 154 clarified that any budget adopted on or after January 1, 2025 must incorporate the required reserve funding per the most recent SIRS. There was some ambiguity about 2024 budgets (since those would typically be passed in late 2023, possibly before a SIRS is done). The bottom line is that by the 2025 fiscal year, associations should be funding reserves according to the study. Practically, most calendar-year associations will adopt their 2025 budget in fall 2024. Even if your SIRS isn’t completed until right at the end of 2024, you are expected to start funding those reserves in 2025 (or by 2026 at the absolute latest, if relying on the extension). The state legislators indicated that the intent was to have mandatory funding fully in effect for 2025 budgets unless an association was in the midst of an allowed extension.
The law specifically names the components for which reserve funding can no longer be waived – essentially the same items in the SIRS list (roof, structure, fire systems, plumbing, electrical, waterproofing, windows, etc.). Other types of reserves that are not related to structural integrity (for example, reserves for a swimming pool, clubhouse, landscaping, or other non-structural amenities) can still potentially be waived by owners if they choose. But anything that falls under the SIRS structural list is sacrosanct: owners cannot opt-out of funding those. Moreover, the money in those specific reserve accounts cannot be repurposed for other uses without a proper vote. For instance, if you have a reserve fund for the roof, the new law prohibits using that roof fund to pay for, say, a new lobby renovation – it must be used for the roof (or whatever purpose it’s reserved for). This ensures that associations don’t rob Peter to pay Paul by diverting money away from critical repairs.
For owners, the practical impact is that annual assessments will likely increase in many condos to meet these funding requirements. Many condo owners are already seeing higher maintenance fees or lump-sum assessments to start beefing up reserves in compliance with the law. It’s a painful adjustment for some – especially those in buildings that had extremely low fees by deferring maintenance – but the intention is to reflect the true cost of maintaining a safe building. Rather than being surprised by massive special assessments down the line (or worse, having no money when an emergency hits), owners will be paying gradually into reserves so the funds are there when needed. In essence, the law forces condos to save up for the rainy day that will inevitably come as buildings age, instead of crossing fingers and hoping nothing goes wrong. Financially, this is one of the most significant changes for condo owners post-Surfside.
Enhanced Board Responsibilities And Owner Rights
The new safety laws also impose specific duties on condo boards and management, and expand the rights of owners to receive information. Board members (and the property managers they hire) are now on the front lines of ensuring compliance with these inspection and reserve requirements.
Board duties for inspections and reserves: A condo association’s board of directors must arrange for the milestone inspections and reserve studies by the required deadlines. This is not optional. The statutes even tie this to the board’s fiduciary duty: if the board willfully fails to timely procure a milestone inspection, it is considered a breach of their fiduciary duty to the unit owners. Similarly, failing to complete the required reserve study is a breach of duty. In Florida, board members have an obligation to act in the best interest of the association – ensuring the building’s safety now explicitly falls under that umbrella. Boards should be mindful that unit owners (or state regulators) could hold them accountable if they neglect these obligations.
The law also got property managers in on the act: any contract with a community association manager (CAM) must require the manager to help the association comply with the milestone inspection schedule. This means management companies are contractually bound to assist in these matters – for example, by keeping track of deadlines, advising the board, or coordinating the hiring of engineers. CAMs who ignore these duties could face licensing discipline as well, since the law was amended to include these responsibilities in the scope of a CAM’s required duties (SB 4-D).
Transparency and owner notifications: Owners now have greater rights to be informed about their building’s condition. As mentioned earlier, once a milestone inspection report is done, every unit owner gets a summary of the report delivered to them. The full report must also be made available as an official record of the association that owners can inspect. Even renters (tenants) have the right to see the milestone inspection reports, which is a new provision. This ensures that residents (not just owners) are aware if there are structural issues.
The new laws also beefed up disclosure requirements when selling a condo unit. For any sales contracts signed from January 1, 2025 onward, the seller (whether it’s a developer or an individual owner) must provide the buyer with certain documents, including the most recent milestone inspection summary and the most recent structural integrity reserve study (or a statement that one hasn’t been completed yet). If the building is old enough that a milestone inspection or SIRS was required, the buyer is entitled to see those reports before closing. If these disclosures aren’t provided, the buyer has the right to cancel the contract (even after signing) upon discovering the omission. This is a significant consumer protection: it prevents situations where someone buys into a condo without knowing that, say, the building needs $15 million in repairs per an inspection report. Now that information must be on the table. In practical terms, condo boards need to be aware of this too – they should ensure that any owner who asks can get copies of the reports to give to a buyer, and starting in 2025 they may see an uptick in document requests from realtors or prospective purchasers. It also incentivizes boards to get these inspections and studies done, since not having them could make units harder to sell (a buyer might walk away if a required report isn’t available, fearing the unknown).
Another new requirement is that by January 1, 2023, associations had to report some basic info to the state (Division of Condos) about their buildings – essentially how many buildings they have that are three stories or higher and the number of units in each. This was to help the state maintain a public list of buildings subject to the new laws. Many associations complied by filling out a form on the state website. This information is published online, letting owners or prospective buyers check if a building is on the list and presumably see if it has completed its required inspections (the state may update it as milestone inspections are done). While this is more of an administrative detail, it shows the push for greater oversight and data on Florida’s condo stock that simply didn’t exist before.
Consequences for non-compliance: As noted, failing to do the required inspections or studies can have serious consequences. Beyond being a breach of fiduciary duty, a willful failure by the board could potentially lead to their removal or state intervention. Additionally, local building officials won’t just shrug if a building misses its inspection – the law gives them power to enforce and even declare buildings unsafe if an association stonewalls the process. The Division of Condos (state agency) can now investigate complaints about an association not doing its milestone inspection on time. Starting in 2027, individual unit owners will also have access to the dispute resolution process (arbitration/mediation) for issues related to milestone inspections or SIRS compliance. This means if an owner is worried the board hasn’t scheduled the inspection or is dragging its feet, they could escalate the dispute through legal channels to compel the board to act. In summary, the board’s responsibilities are clearly defined, and there are multiple avenues to enforce them – through state oversight, local authorities, and owner rights.
On a positive note, all these changes aim to foster a culture of prevention and transparency. Condo living is a cooperative affair – owners entrust their elected board with a lot of responsibility. Now the law explicitly demands that boards plan for the building’s long-term safety and keep the members informed. It’s a shift from a reactive stance (fix things only when they break) to a proactive stance (regular check-ups and saving for future repairs), and it entrusts boards with executing that shift diligently.
Local Spotlight: Miami-Dade County’s Building Safety Regulations
Miami-Dade County, being ground zero for the Surfside tragedy, moved quickly to enhance its local building safety requirements even before the state law was passed. In fact, Miami-Dade has long had one of the strictest building recertification programs in the country (the 40-year inspection program dating back to 1975). After Surfside, the county updated its rules to shorten the timeline and add new safeguards, in coordination with the new state laws.
30-Year (and 25-Year) Recertification Program: In June 2022, the Miami-Dade County Commission amended its building code to create a 30-year recertification schedule (replacing the old 40-year rule) for most buildings, with an even earlier timeline for those near the coast. Now, any condominium or cooperative building in Miami-Dade that is three stories or taller must undergo its first recertification inspection by age 30, or by age 25 if the building is within 3 miles of the coastline. After the initial recertification, follow-up inspections are required every 10 years (so at 40 years, 50 years, etc. for inland buildings, and 35, 45, etc. for coastal). This local requirement dovetails with the state’s milestone inspection mandate – in fact, Miami-Dade’s 30-year rule essentially mirrors the state’s 30-year “milestone” timeline, and the county explicitly integrated the state law into its procedures.
For existing buildings, Miami-Dade set specific deadlines to catch up buildings that were in-between the old 40-year schedule and the new 30-year one. Notably, it required that:
- Any coastal condo ≥3 stories built between 1983 and 1997 (i.e. buildings 25–40 years old in 2022) must have a recertification inspection by December 31, 2024 (and then every 10 years after).
- All other condos ≥3 stories built between 1983 and 1992 (30–39 years old) must also recertify by December 31, 2024, and every 10 years thereafter.
- Looking forward, any new construction will fall under the “25 if coastal / 30 if inland” rule. So a coastal high-rise built in 2000 will be due for its first recertification in 2025 (25 years later), and an inland one built in 2000 would be due by 2030 (30 years later).
In practical effect, Miami-Dade’s local ordinance is a bit stricter for coastal buildings than the default state law (since the state left the 25-year trigger as optional). Miami-Dade has exercised that option – so if you own a condo by the beach in Miami-Dade, expect your first structural inspection at 25 years. If you’re further inland, 30 years is the mark. Broward County similarly moved to a 30-year schedule (with 25 on coast) after Surfside, aligning with Miami-Dade, but our focus here is on Miami-Dade.
Scope of recertification: The Miami-Dade recertification inspection covers structural and electrical systems of the building. An engineer (or architect for structural, and usually an electrical engineer for electrical) must inspect and certify that the building is structurally and electrically safe for continued occupancy. Post-Surfside changes expanded the scope of what must be checked. The county’s Board of Rules and Appeals updated the guidelines to require inspecting additional components and more detailed reporting in the recertification process. For instance, inspectors are now asked to look more closely at things like balconies, the façade, and waterproofing elements, and to provide a more comprehensive report (with photos, etc.) than was previously mandated. These reports now often include a “safe to occupy” statement.
Safety measures and notifications: Miami-Dade’s amended ordinance added some important safety nets. If a recertification inspection finds issues, the report must categorize them, and if any condition is deemed unsafe, the county’s Unsafe Structures Unit must be notified immediately. In such cases, the building officials can require the association to take steps to protect residents – potentially including evacuation of affected areas – until repairs are made. Condo associations are now required to notify all unit owners and residents if their building or any portion is declared unsafe by authorities. This ensures residents aren’t left unaware of dangerous conditions. The ordinance also gave county officials power to pull the plug on utilities (like electricity) if a building is unsafe and the owner refuses to evacuate, to prevent catastrophe. These might sound extreme, but they’re about preventing a worse outcome – no one wants to live in an imminently unsafe structure.
Another Miami-Dade specific addition is earlier notifications and planning. The county will send advance notices to building owners well before their building’s 30th (or 25th) birthday, reminding them of the upcoming inspection requirement. This helps associations budget and prepare in advance. They also formalized a process for requesting extensions in case of hardship, and conditions for how those can be granted (for example, if an engineer is hired but needs more time for testing, etc., an extension might be given, but safety precautions may be required in the interim).
Integration with state law: Miami-Dade officials have worked to mesh the local recertification program with the new statewide milestone inspection law so that they don’t conflict. Essentially, if you comply with Miami-Dade’s recertification, you are likely complying with the state milestone law simultaneously – they cover the same ground. The county considers a properly completed milestone inspection report as meeting the recertification requirement, and vice versa. The county has identified buildings due for 2024 deadlines and is actively overseeing compliance. So, as a condo owner in Miami-Dade, you will be dealing mostly with county authorities when it comes to these inspections, but know that it’s backed by state law too.
Reserve requirements locally: Miami-Dade County does not separately mandate reserve funding beyond what the state law requires – reserves and budgeting are governed by state statute (Chapter 718). However, the county strongly encourages associations to follow the new state reserve study requirements. Many condo boards in Miami-Dade have already begun conducting their SIRS and adjusting budgets accordingly, both because it’s state law and because local governments want buildings to be financially prepared to carry out needed repairs identified in recertifications. In fact, as part of the cultural change after Surfside, Miami-Dade’s authorities have been educating condo boards on the importance of reserves and maintenance (through webinars and guidance documents).
In summary, Miami-Dade’s local regulations now require earlier and more frequent inspections than before, plus robust follow-up on any problems. They complement the state’s reforms with additional safeguards tailored to local conditions (especially the corrosive coastal environment). For condo owners in Miami-Dade, it means your building will be under a watchful eye: at 25 or 30 years an in-depth inspection is coming due (if it hasn’t happened already), and every decade after, and if serious issues are found, the county will ensure they are addressed promptly. While this might bring additional costs (and maybe some anxiety when an inspection is upcoming), it ultimately provides greater confidence that the building you live in is structurally sound or that any issues will be caught and fixed – before they endanger lives.
Key Deadlines And Implementation Timeline
Condominium associations should be acutely aware of the new law’s phased implementation dates. Missing a deadline can lead to penalties or unsafe conditions, so here is a summary of key dates by which various requirements kick in:
- December 31, 2024: – Milestone Inspections: Any condo/co-op building (3+ stories) that received its certificate of occupancy on or before July 1, 1992 must complete its initial milestone structural inspection by 12/31/2024. In practice, this covers all buildings built in 1992 or earlier (over 30 years old). In Miami-Dade, this includes all 3+ story condos built up to 1992 (and coastal up to 1997) per the county’s schedule. – Structural Integrity Reserve Study: All condominium associations in Florida (controlled by owners before July 2022) must complete a Structural Integrity Reserve Study for each 3+ story building by 12/31/2024. (Exceptions: If your building’s milestone inspection is not due until 2025 or 2026, you may delay the SIRS to coincide, but absolutely no later than 12/31/2026.) – Owner Disclosure (Interim): By this date, condo associations must have the milestone inspection and SIRS completed (as above) or at least be prepared to inform unit owners and prospective buyers of the status. Starting in 2025, these documents become part of required disclosures.
- December 31, 2025: – Extended Milestone Deadline: Buildings which reach 30 years of age between 2022 and 2024 have until 12/31/2025 to complete their first milestone inspection. (This was an extension added by SB 154 for buildings built in 1993, 1994, etc., to give a bit more time.) If your building was built in 1993, 1994, or 1995, check this carefully – many such buildings will need to be inspected by end of 2025. – (Miami-Dade specific) Many coastal buildings built 1993–1997 fall under the county’s requirement to be recertified by the end of 2024, so in practice Miami-Dade isn’t really waiting until 2025 for those. But inland buildings from the early ’90s might effectively be on the 2025 timeline via the state extension if the county honors it.
- December 31, 2026: – Absolute Latest for SIRS: This is the final cutoff for completing the Structural Integrity Reserve Study for any association that got a milestone extension. Associations that were allowed to do their SIRS in tandem with a milestone inspection due in 2025 or 2026 must have the SIRS finished by 12/31/2026. By this date, every condo 3+ stories in Florida should have a current reserve study in place – no exceptions. (Also, by 2026 many buildings will be approaching their 10-year update, since some may have done it right after the law in 2022 or 2023.)
- January 1, 2025, and Forward (Budget Changes): – No Reserve Waiver on Key Items: As associations adopt budgets for 2025 and subsequent years, they must include full funding for reserves for structural integrity items identified in the SIRS. Effectively, the era of waiving or underfunding these critical reserves ends in 2024. Budgets approved in late 2024 for 2025 should follow the SIRS recommendations. By 2025, owners will see new reserve line items (or much higher amounts in existing reserve lines) for things like the roof, structural components, etc., if they weren’t funding them before. These amounts can no longer be voted down by the membership. – Restrictions on Use of Reserves: Also in effect going forward, the association cannot use funds from a structural reserve for any other purpose unless specifically authorized. For example, you can’t borrow from the roof reserve to pay for a landscaping project. The integrity reserves are essentially locked for their intended use unless the law is changed in future.
- Ongoing Cycles: – Milestone Inspections Every 10 Years: After the initial milestone, the next one is due 10 years later. So if your first milestone was in 2024, the next is 2034, then 2044, etc. Mark your calendars long-term – this is a permanent requirement. The building age is measured in whole years since CO; effectively it aligns such that a 1990 building: inspected 2024 (since >30 in 2022), then 2034, 2044, etc. A 2000 inland building: inspect 2030, then 2040, etc. A 2000 coastal in Miami: inspect 2025, then 2035, 2045, etc. – Reserve Study Updates Every 10 Years: The SIRS must be updated at least every 10 years. Many associations may choose to update more frequently (e.g. every 5 years) as a best practice, but 10 is the max interval. If components change (say you replace the roof early, you’d reflect that in an updated study). Typically, the reserve study update would align with just before a milestone inspection or soon after, to incorporate any findings.
- July 1, 2027: – Dispute Resolution: From this date, unit owners can use the statutory non-binding arbitration process for disputes specifically related to milestone inspection or SIRS requirements. This is more of a legal technical detail – essentially, starting in 2027, if your board isn’t complying, you can take them to arbitration. The delayed start gives everyone time to actually get things done before opening up new legal fights.
- Ongoing – Buyer Disclosures: – Starting already (with some provisions in 2023) and more so by 2025, sellers of condo units must disclose building safety information to buyers. Developers or owners must provide copies of the milestone inspection summary, structural integrity reserve study, and any relevant engineering reports (like a turnover report from the developer, if the sale is happening around that transition) to prospective buyers. After delivering these, the buyer gets a 3-day window to review and cancel if they wish. This means if your building has a troublesome report (or hasn’t done one it should have), expect it to come up in any sale. As an owner, if you plan to sell, make sure you gather these documents and understand them – buyers certainly will be looking.
It’s a lot to keep track of, but the most urgent things for condo owners and boards right now in 2025 are the end-of-2024 deadlines. By now, your association should have an engineer engaged (or even completed the work) for any required 2024 milestone inspections and the reserve study. If that hasn’t happened, immediate action is needed – the clock is ticking loudly. For 2025, be prepared for budget changes to boost reserves. And in Miami-Dade, be mindful of the county’s specific schedule which in many cases matches these state deadlines (or accelerates them, especially for coastal buildings).
Conclusion
The Surfside collapse prompted an unprecedented overhaul of Florida’s condominium laws, with the clear intent that a disaster like that never happens again. What does this all mean for condo owners? It means a safer living environment in the long run – your building will be inspected regularly by professionals, and problems should be caught early. It means fewer nasty financial surprises – your association will be building up reserves so that when a major repair is needed, there is money on hand to address it. It also means a bit more responsibility on everyone’s part: boards must diligently organize inspections and saving plans, and owners must be prepared for higher maintenance fees or special assessments as we invest in the maintenance of our homes.
Before Surfside, Florida’s attitude toward condo maintenance was often “out of sight, out of mind.” That era is over. Now, with laws like SB 4-D (2022) (SB 4-D) and SB 154 (2023) (CS/CS/SB 154) on the books (and Miami-Dade’s local ordinance reinforcing them), the state has made it clear that structural safety is a top priority – even if it comes at a cost. For owners, these reforms aim to protect not just your physical safety but also the value of your investment. A well-maintained, structurally sound building will better withstand the test of time and market scrutiny.
If you’re feeling overwhelmed by the changes, remember that resources are available. Many local governments, including Miami-Dade, have held webinars and issued guidelines to help associations comply. The Florida Department of Business and Professional Regulation (DBPR) has a website with information on the new condo laws and can answer questions. Professional engineers, reserve study consultants, and property managers are also more attuned than ever to these requirements and can guide your association.
In the end, the message to Florida condo owners is this: our collective diligence in caring for these buildings is the best insurance against tragedy. The laws have changed to ensure we don’t ignore the “health” of our high-rises. By following the new inspection schedules, conducting reserve studies, funding reserves, and empowering boards to act, Florida is addressing the gaps that Surfside revealed. It’s a team effort – legislators, engineers, board members, and owners all play a part. While it may involve some inconvenience and increased costs now, these measures will help make sure our homes in the sky remain safe, livable, and sound for generations to come.
Sources: The full text of the new laws can be found in the Florida Senate archives – see SB 4-D (2022) (SB 4-D) (Florida Building Safety Act, 2022, now codified in Chapters 553 and 718, Fla. Stat.) and SB 154 (2023) (CS/CS/SB 154) (amendments to the condo safety statutes). Miami-Dade County’s updated building safety ordinance (Ordinance No. 22-57, adopted June 1, 2022) is available on the county website. Additional guidance and explanations were drawn from Florida Senate committee summaries, Miami-Dade regulatory publications, and expert commentary to ensure accuracy and clarity for non-lawyers. Stay informed, stay involved with your association, and don’t hesitate to seek professional advice – the safety of your condominium community depends on everyone understanding and fulfilling these new obligations.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws and regulations change frequently and may vary by association and location. Readers should consult our qualified Naples, FL HOA lawyer or appropriate expert before taking action based on this content.
We make no guarantees as to the accuracy, completeness, or applicability of the information provided. Condominium associations and unit owners remain responsible for compliance with all legal obligations, including inspections, reserve studies, and deadlines. For personalized guidance, speak with our licensed attorneys experienced in Florida condominium law at Perez Mayoral, P.A..
