The new condo laws in Florida, enacted after the 2021 Champlain Towers South collapse in Surfside, require older residential buildings to undergo structural milestone inspections, force associations to fully fund reserves for major structural components, tighten how boards operate, and add new disclosures when a unit is sold. If you own a condo in Florida, especially in a building that is 30 or more years old or sits near the coast, expect higher monthly assessments, stricter rules on how your board handles money, and more paperwork the next time your building changes hands.
Milestone Inspections for Older Buildings
Florida Statute 553.899 requires a structural milestone inspection for every residential condominium and cooperative building that is three or more habitable stories tall.1Florida Senate. Florida Code 553.899 – Mandatory Structural Inspections for Condominium and Cooperative Buildings The trigger is 30 years from the date of the certificate of occupancy, with a follow-up every 10 years. A local building department can shorten that to 25 years if local conditions, such as proximity to salt water, warrant it. Many coastal jurisdictions have adopted the 25-year threshold, so if your building is on the water, check with your local enforcement agency rather than assuming you have until year 30.2Department of Business and Professional Regulation. DBPR Condominium Information and Resources
Every inspection begins with a Phase 1 visual assessment by a licensed Florida architect or engineer. If nothing serious turns up, the inspector prepares a report and the process ends. If Phase 1 reveals substantial structural deterioration, the association must move to Phase 2, which can involve destructive or nondestructive testing and a recommended repair program. A Phase 2 progress report with a completion timeline is due to the local enforcement agency within 180 days after the Phase 1 report is filed.3Online Sunshine. Florida Code 553.899 – Mandatory Structural Inspections for Condominium and Cooperative Buildings
Key Deadlines
The compliance schedule depends on when the building was built:
- Buildings that turned 30 before July 1, 2022 had until December 31, 2024 to complete the initial inspection.
- Buildings turning 30 between July 1, 2022 and December 31, 2024 must complete the inspection by December 31, 2025.
- All other buildings must complete the inspection by December 31 of the year the building turns 30, or 25 if the local agency has adopted the shorter timeline.
Once a Phase 2 report identifies substantial deterioration, repairs must begin within 365 days. Local authorities can order evacuation or post a building as unsafe if the association fails to act.3Online Sunshine. Florida Code 553.899 – Mandatory Structural Inspections for Condominium and Cooperative Buildings
Within 45 days of receiving the inspection report, the association must send a summary to every unit owner by mail or personal delivery, plus electronically to owners who have consented, post it visibly on the property, and publish the full report and summary on the association’s website if one is required.
Structural Integrity Reserve Studies
A Structural Integrity Reserve Study, or SIRS, is a financial planning document that estimates the remaining useful life and replacement cost of specific building components tied to structural safety.4Florida Senate. Florida Code 718.112 – Bylaws It is narrower than a traditional reserve study: it focuses on the roof, load-bearing structure, fireproofing and fire protection systems, plumbing, electrical systems, waterproofing and exterior painting, and windows and exterior doors when the association maintains them.5Florida Senate. Florida Code 718.301 – Transfer of Association Control, Developer Obligations
The study must be prepared by a licensed architect, licensed engineer, or a certified reserve specialist, and updated every 10 years. The initial deadline, originally December 31, 2024, was extended to December 31, 2025. Associations that also have a milestone inspection due by December 31, 2026 may complete both together, with the SIRS due by that same date.6Department of Business and Professional Regulation. Timeline – DBPR Condominium Information and Resources
Mandatory Reserve Funding
This is the change most owners will feel directly. For decades, Florida associations could vote to waive reserves or fund them below recommended levels, which kept monthly assessments artificially low while buildings quietly deteriorated. That option is gone for any budget adopted on or after December 31, 2024. Associations subject to the SIRS requirement can no longer vote to skip or reduce reserves for the structural components listed above.4Florida Senate. Florida Code 718.112 – Bylaws
The reserve funds are also restricted in use. Money set aside for SIRS components cannot be redirected to other purposes. If the study says the building will need $2 million for a roof replacement in 12 years, the association must collect enough each year to reach that figure on schedule, and it cannot borrow from that fund to repaint the lobby or replace pool equipment.7Florida Senate. Florida Code Chapter 718 – Condominiums
Associations may fund SIRS reserves through regular assessments, special assessments, lines of credit, or loans. Using a special assessment, line of credit, or loan for SIRS reserves requires approval by a majority vote of the total voting interests in the association. The funding details must also appear on the annual financial statement given to owners and prospective buyers.
For buildings that deferred maintenance for years, this means a substantial jump in monthly fees. The trade-off is that the building is less likely to face a sudden six-figure special assessment because nobody saved for a roof that was clearly aging out.
Board Governance and Transparency
House Bill 1021, signed into law in 2024, addressed how condo associations are managed, not just how their buildings are inspected.8Florida Senate. House Bill 1021 (2024) – Community Associations
Director Education
Board members can no longer meet their education requirement by signing an affidavit stating they read the governing documents. Newly elected or appointed directors must complete a state-approved educational course within 90 days of taking office, covering financial literacy, transparency, recordkeeping, and meeting notice requirements. The certification is valid for four years.9Florida Senate. CS/CS/CS/HB 1021 – Community Associations
Website and Records Access
Starting January 1, 2026, associations managing condominiums with 25 or more units must maintain a website or web portal where owners can access official documents, including bylaws, financial statements, the current budget, and inspection or reserve study reports. Associations must also keep a checklist of all records provided in response to an owner’s records request for seven years. Failure to produce requested documents can carry a penalty of $50 per day of noncompliance.
Criminal Penalties for Misconduct
HB 1021 attached real criminal consequences to board misconduct:
- A director, officer, or manager who knowingly solicits or accepts a kickback commits a third-degree felony, punishable by up to five years in prison.
- Willfully refusing to release association records to cover up criminal activity is also a third-degree felony.
- Knowingly defacing or destroying required accounting records, or failing to maintain them, with intent to harm the association or its members, is a first-degree misdemeanor carrying up to one year in jail.
- Engaging in fraudulent voting activity in association elections is a first-degree misdemeanor.
The legislature created these penalties specifically because kickback schemes and records manipulation had become widespread enough to warrant criminal prosecution rather than civil suits alone.9Florida Senate. CS/CS/CS/HB 1021 – Community Associations
Disclosures When Selling a Unit
Every contract entered into after December 31, 2024 for the sale of a residential condo unit must include specific language about the building’s milestone inspection and SIRS status.10Florida Senate. Florida Code 718.503 – Developer Disclosure Prior to Sale, Obligation of Good Faith If the association has completed a milestone inspection or SIRS, the seller must provide the buyer with a copy of the inspector-prepared summary and the most recent SIRS. If the required inspection or study has not been completed, the contract must include a conspicuous statement disclosing that fact.
Buyers have a seven-day rescission period after receiving the documents (excluding weekends and legal holidays) during which they can cancel without penalty by written notice. If the seller fails to provide the required disclosures at all, the buyer can void the contract before closing. For sellers in buildings that missed their inspection deadline, that is a real risk: a buyer can walk away from the deal.10Florida Senate. Florida Code 718.503 – Developer Disclosure Prior to Sale, Obligation of Good Faith
What to Do When a Board Doesn’t Comply
If your board is ignoring inspection deadlines, withholding records, or mishandling reserve funds, you have several options.
File a Complaint With the DBPR
The Department of Business and Professional Regulation’s Division of Florida Condominiums, Timeshares, and Mobile Homes investigates statutory compliance failures. Owners can file a formal complaint through the DBPR’s website, and forms are available in English and Spanish. The Office of the Condominium Ombudsman also mediates between owners and boards before formal legal action, and offers virtual appointments.11MyFloridaLicense.com. Office of the Condominium Ombudsman
Recall Board Members
Under Florida Statute 718.112(2)(j), any board member can be recalled with or without cause by a majority of the association’s total voting interests, either through a vote at a meeting or through a written agreement.12Florida Department of Business and Professional Regulation. Recall Procedures for Condominiums
Take the Board to Court
Florida Statute 718.303 authorizes unit owners to bring enforcement actions against associations that violate Chapter 718. Courts can order compliance and the prevailing party is entitled to reasonable attorney fees and costs. In extreme cases, a court can appoint a receiver to manage the association’s affairs.
Costs to Expect
A Phase 1 milestone inspection for a mid-sized building generally runs from several thousand dollars into the tens of thousands, depending on size and complexity. Phase 2 testing costs more. Preparing a SIRS adds another layer of professional fees, and the study itself usually triggers higher reserve contributions going forward.
The biggest financial hit for most owners comes from the mandatory reserve funding. Buildings that waived reserves for years are now playing catch-up, and the annual contributions needed to fully fund structural components over their remaining useful life can be substantial. Some associations have levied special assessments of $50,000 or more per unit to close the gap, though the new law requires a majority vote of total voting interests before a special assessment can be used to fund SIRS reserves.
Associations do have financing options beyond raising monthly fees. Assessment-backed loans allow the association to borrow against future assessment income and repay over time. If you are thinking about selling before assessments hit, remember that the disclosure rules now make it hard to unload a unit without the buyer learning exactly what the building owes. A missing SIRS or overdue milestone inspection will show up in the purchase contract, and buyers will price that risk into their offers.