Possible changes are eyed for Florida’s condo laws

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Condominium buildings in Miami by ddmitr via iStock for WMNF News.

By Dara Kam ©2025 The News Service of Florida

TALLAHASSEE — A key senator on Tuesday signaled her willingness to make further changes to safety laws that require inspections of older condominium buildings and adequate reserves for repairs, saying more urgent structural needs should be prioritized.

Senate Regulated Industries Chair Jennifer Bradley, R-Fleming Island, also indicated that lawmakers need to “clarify” some requirements included in measures passed after the 2021 collapse of the Champlain Towers South building in Surfside that killed 98 people.

A panel of experts — including engineers, accountants and attorneys — gave the Regulated Industries Committee an update on how the laws requiring inspections and adequate reserves have affected the condo industry

Bradley said she wanted to help “smooth the transition” for condominium associations to come into compliance with the laws, which many residents say are causing soaring costs..

“We’re here to find solutions. The condo market will be stronger. Floridians will be safer,” she said.

The laws require “milestone inspections” of older buildings and “structural integrity reserve” studies to determine how much money should be set aside for future major repairs.

Any “substantial structural deterioration” found by engineers or architects require more-detailed inspections.

The initial law passed in 2022, was tweaked in 2023, and the Legislature last year passed a measure that targeted wrongdoing by members of association boards.

Milestone inspections were supposed to be completed by Dec. 31 for certain older buildings that are three stories or higher. Some condo associations have hit owners with whopping assessments in the race to comply with the deadline.

Bradley indicated Tuesday that the reserve studies may include items — such as landscaping or ornamental improvements — not required by the state. She also said state law does not require condo boards to immediately collect amounts identified in the studies.

“A milestone inspection does not require that the building be brought up to code. … It is what is the actual condition of the building. … It is a visual inspection to make sure that it is safe for the people to continue to live there,” Bradley said.

The Senate committee met a day after Gov. Ron DeSantis called a special legislative session starting Jan. 27 to address a series of issues, including fallout from the condo reforms. The Senate meeting was scheduled at least a week before DeSantis made his special-session announcement, which focused heavily on taking steps to help carry out President Donald Trump’s planned crackdown on illegal immigration.

DeSantis didn’t provide specifics about legislation to tackle the condo issues. But a proclamation ordering the special session said the state’s condo market “continues to face challenges including soaring costs related to assessments, repairs, and inspections.”

In addition, DeSantis’ proclamation said “it is necessary for the Legislature to address these challenges to ensure that Florida residents can continue to afford to live in their homes.”

Lawmakers have been inundated by complaints from condo residents about significant increases in assessments, which are in addition to homeowners association fees. At least some of the higher costs are related to the laws passed after the 2021 collapse of the Surfside building.

Legislative leaders have argued that many condo buildings need critical upgrades but that associations had inadequate reserves to cover repairs.

“This is not a new crisis. This is a crisis that has existed. Surfside pulled back the curtain on that crisis. It’s a reality no one wanted to exist, but it’s one that the system undeniably allowed to exist,” Bradley said during Tuesday’s meeting.

Tara Stone, CEO of Stone Building Solutions, said evaluations of condos by her company found problems at buildings throughout the state. The problems were due to “wear and tear” that went unattended mainly on aging stairways, balconies and roofs.

“It’s all due to lack of maintenance,” Stone said.

Senate Minority Leader Jason Pizzo, D-Sunny Isles Beach, asked Stone if the studies found “conditions that are a legitimate, possibly imminent, direct threat to public safety.”

“Yes,” Stone said.

Bradley and Pizzo have held a series of town halls across the state to take input from condo owners and boards. She pointed to some “misconceptions” about the law that are driving up costs for residents.

As an example, Bradley referred to a milestone study of a 100-unit Jacksonville Beach condo that is more than 30 years old.

“They’re a block from the beach. The building was not adequately reserved. The milestone came back, there was $12 million worth of damage,” Bradley said, adding the condo board was prepared to assess each unit owner about $120,000.

The company that wanted the contract for the project was the same company that completed the milestone study, according to Bradley.

The law gives condo boards 365 days to begin work and allows them to create a remediation plan.

“But there’s no requirement to do an assessment within 60 days and get all the work done at top dollar in 10 months. That’s just not the law,” she added. “A lot of the panic is not required. Those Jax Beach owners are not required to pay $120,000 next month.”

Bradley told The News Service of Florida that condo boards are having more problems with the reserve studies than the milestone evaluations. She said she wants to make sure “high-priority items get addressed first” and that lawmakers should clarify the level of funding of reserves required under the law.

“Answering that question can mean a 30 percent difference in reserve levels. Is it possible to allow associations to hold off on reserving for items that don’t need to be replaced for 10 years and focus on more immediate needs first? And that’s what I’m looking at,” she said after the meeting.

Senate President Ben Albritton, R-Wauchula, and House Speaker Daniel Perez, R-Miami, balked Monday at DeSantis calling a special session, describing it as premature.

Bradley said she did not know if the condo issue would be addressed during a special session. She said the committee intended to hold a series of workshops to examine what changes should be made to the post-Surfside requirements.

Jonathan Alfonso, a Miami-Dade County Realtor who is an attorney and who was one of the experts Tuesday, said that the laws mostly have had an impact on the sales of older condos. He said studies can be difficult for buyers to obtain or to digest.

“At the end of the day what prospective purchasers want to know is, is it safe, and how much is it going to cost me,” he said.

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