More than 12,000 condominium buildings in Florida are subject to new regulations put in place after the collapse of a Surfside building in 2021. They were supposed to be inspected by the end of last year for any structural problems. Fewer than 40% have disclosed the results of their inspections.
The majority of condo buildings in Florida that were supposed to receive their milestone inspection by Dec. 31, 2024 — almost two months later — hadn't turned in the results.
Condo associations had 45 days to get their reports to the state Department of Business and Professional Regulation. That deadline passed Feb. 5. The agency's database notes it can take up to two weeks for a report to show up in its database if an association emailed or mailed its report instead of using an online form.
South Florida, southwest Florida, Sarasota and the Clearwater-St. Petersburg areas have the largest concentrations of condo buildings captured by the regulation. Miami-Dade and Broward counties have experienced a higher proportion of buildings completing their inspections compared to those other regions. Both counties had been the only areas in the state that required regular condo building inspections before the Surfside tragedy.
Still, less than half the buildings in Miami-Dade needing inspections under the new law had submitted a report by late February. Forty-five percent of buildings have complied in Broward County. Less than a third have in Palm Beach County. In Monroe County — with far fewer buildings — 80% had shared their inspections with the state.
Compliance is far lower in southwest Florida where less than a third of buildings in Lee and Collier counties have reported inspection results. About four of 10 buildings needing inspections in Pinellas County have them completed.
While most buildings needing inspections have yet to turn in results, it is not known what results for buildings that have completed the work show. The Department of Business and Professional Regulation publishes a database listing the buildings that have to follow the inspection regulation. It also updates a list of the condo associations that have submitted their studies. The studies themselves have not been released to the public. However, a building's study has to be provided to owners of condos in that building.
There are two characteristics a condo building has to meet to be subject to the rules. They have to be at least three stories tall and they have to be at least 30 years old.
The inspection that was due by the end of last year is known as a milestone inspection. A licensed architect or engineer has to make a visual inspection of the major structural components of a building…load bearing walls and other elements that help keep the building standing.
If no signs of trouble are spotted, that’s it.
If the inspection turns up something, then the building has to undergo a phase two inspection. That inspection concentrates on specific structural issues and goes beyond simply a visual look. This phase two inspection has to be completed within six months of spotting a potential problem.
Assessments for condo owners have been going up. Buildings with a structural issue that comes up during one of these inspections may have to levy a special assessment to pay for the fixes.
There is a separate regulation that requires condo associations to start saving money for regular repairs. That has led some to hike their regular monthly assessments.
A study by the Miami Association of Realtors found that regular monthly fees in Miami-Dade and Broward have risen 45% in the past four years with much of the increase coming since these new regulations were passed.
There is no specific penalty for condo associations that do not get a required inspection. The law assigns any penalties to local enforcement agencies. Condo owners may sue their own associations to force it to conduct the inspection. The real estate market may impose its own penalties through falling prices of units in uninspected buildings. Condo buyers could get cold feet if an older condo building hasn’t complied with the law.
