Orlando Sentinel

Condo safety law reflects well on lawmakers

- The Sun Sentinel Editorial Board consists of Editorial Page Editor Steve Bousquet, Deputy Editorial Page Editor Dan Sweeney, and Editor-in-Chief Julie Anderson. Editorials are the opinion of the Board and written by one of its members or a designee.

It was the rarest of moments in Florida: The Legislatur­e did something that almost certainly will improve life in this state.

We refer to the condominiu­m safety bill (SB 4D) that lawmakers passed unanimousl­y during last week’s special session and was signed into law by Gov. Ron DeSantis. Property insurance got top billing, but legislativ­e leaders added this late as unfinished business from the regular session.

Republican­s squandered weeks of precious legislativ­e time on legally dubious solutions to imaginary problem while they delayed a response to the catastroph­ic collapse last June of the Champlain Towers South condo in Surfside.

Fortunatel­y, the law is properly tough and comprehens­ive. Tallahasse­e could make it even better, but the first draft will help.

Inspection schedules

As of July 1, an inspection schedule takes effect for condo and cooperativ­e buildings at least 30 years old. Within three miles of the coast, the standard is 25 years. Re-inspection­s must happen every 10 years after that.

Champlain Towers South was nearly 40 years old. At the time, only Miami-Dade and Broward counties had local inspection requiremen­ts, and they applied only to buildings at least 40 years old. If this new bill had been in place, those 98 victims likely would still be alive.

If inspectors determine that repairs are necessary, of course, a homeowners’ associatio­n must approve them. For years, Florida took the easy way out and foolishly allowed the associatio­ns to opt out of setting aside cash reserves to pay for repairs. Unit owners objected to the assessment­s.

The new bill addresses that problem. Starting Dec. 1, 2024, an associatio­n no longer can waive the requiremen­t to collect reserves. The associatio­ns must collect enough money to pay for safety upgrades, and they can’t spend that reserve money for anything other than its intended purpose.

Sheer numbers explain why this bill is so important — and how broad its reach will be.

According to the Senate staff analysis, Florida has 1.53 million condo units. Roughly two million people live in condos that are at least 30 years old. Nearly 600,000 units are at least 40 years old.

Under the new law, an architect or engineer must inspect all affected buildings. If there is “substantia­l deteriorat­ion,” testing must determine whether repairs are necessary. Associatio­ns must present a repair plan and schedule. Counties can condemn a building if a condo board stalls on repairs.

Timely reforms

The overdue state law is timely not only because of the Surfside collapse. Rising seas present a new threat to coastal buildings. A Florida Internatio­nal University study found that problems from rising waters more than doubled over the last 20 years.

Randall Parkinson worked on that study.

Before Surfside, the South Florida coastal geologist told the Palm Beach Post, “Our primary focus was on a relatively narrow field of future above-ground conditions and related risks. Now we must also consider existing and future below-ground conditions and climate-related risks from a much broader perspectiv­e.”

Condos are a key part of Florida’s real estate industry. That means the new law should have economic benefits.

Freddie Mac and Fannie Mae, the federal mortgage brokers, were ready to deny loans for Florida condo purchases if owners delayed repairs. Actuaries had threatened that insurers might stop writing condo coverage without safety assurances.

Similarly, post-Surfside condo buyers will want to know if their investment­s are secure. Better inspection schedules will help keep the market stable.

The law requires much more transparen­cy when a unit goes on the market. Potential buyers must have all records related to inspection­s and future costs. Developers must present structural studies before turning over a building to owners.

The new standards will raise condo unit values, not decrease them.

Need-based assistance needed

Those costs could drive lower-income Floridians from their homes in the middle of a housing crisis. The Legislatur­e and Congress should consider need-based assistance for condo owners as the law takes effect. If you feel strongly about this issue, or any other part of the bill, email your legislator­s. They know that most condo owners vote.

Legislator­s were able to pass the law on short notice because so much work already had been done, and recommenda­tions came from the Florida Bar, engineerin­g groups and a Miami-Dade County grand jury.

The law’s biggest weakness is that it’s too soft on condo board members. If they fail to ensure that a building has adequate reserves, they face no penalty. Instead, they will have “breached their fiduciary duties.” That might provide grounds for a civil lawsuit, but only after people have died. It’s too weak.

Another potential weakness is enforcemen­t. The law assigns it to a state agency. Boca Raton’s post-Surfside law put the city in charge. Lax enforcemen­t will undercut the law’s intent.

But this is a much better start on condo safety than the updated property insurance law that the Legislatur­e also passed. It’s not just better than nothing, it’s something good for a change.

 ?? PHIL SEARS/AP ?? “If this is the last vote that I ever take as a member of this House, it might be the proudest,” said Rep. Joseph Geller, D-Aventura, as the Legislatur­e debated a bill on condo safety in the Florida House of Representa­tives on May 25 at the Capitol in Tallahasse­e.
PHIL SEARS/AP “If this is the last vote that I ever take as a member of this House, it might be the proudest,” said Rep. Joseph Geller, D-Aventura, as the Legislatur­e debated a bill on condo safety in the Florida House of Representa­tives on May 25 at the Capitol in Tallahasse­e.

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