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SB 154 – PART ONE -- NEW LAWS
By
Eric Glazer, Esq.
Published May 15, 2023
Over the next few weeks, we will be blogging
about the new laws The Florida Legislature passed, as they
relate to Florida Condominiums and HOAs. Today, let’s start
with the bill that was supposed to clear up all the glitches in
the prior bill regarding milestone inspections and reserve
studies. Here we go……
Now……instead of the entire milestone
inspection being done by a licensed architect or engineer, the
milestone inspection services may be provided by a team of
professionals with an architect or engineer acting as a
registered design professional in responsible charge with all
work and reports signed and sealed by the appropriate qualified
team member.
Now, instead of it being mandatory that a
building near the water have an inspection after 25 years, The
local enforcement agency may determine that local circumstances,
including environmental conditions such as proximity to salt
water as defined in s. 379.101, require that If the building is
located within 3 miles of a coastline as defined in s. 376.031,
the condominium association or cooperative association must have
a milestone inspection must be performed by December 31 of the
year in which the building reaches 25 years of age, based on the
date the certificate of occupancy for the building was issued,
and every 10 years thereafter.
The condominium or cooperative association
must notify the unit owners of the required milestone inspection
within 14 days after receipt of the written notice from the
local enforcement agency and provide the date that the milestone
inspection must be completed. Such notice may be given by
electronic submission to unit owners who consent to receive
notice by electronic submission or by posting on the
association’s website.
If a phase two inspection is required, within
180 days after submitting a phase one inspection report the
architect or engineer performing the phase two inspection must
submit a phase two progress report to the local enforcement
agency with a timeline for completion of the phase two
inspection.
In order to establish uniformity throughout
the state, by December 31, 2024, the Florida Building Commission
shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
establish a building safety program for the implementation of
this section within the Florida Building Code: Existing
Building. The building inspection program must, at minimum,
include inspection criteria, testing protocols, standardized
inspection and reporting forms that are adaptable to an
electronic format, and record maintenance requirements for the
local authority.
The official records of the association are
open to inspection by any association member and any person
authorized by an association member as a representative of such
member at all reasonable times.
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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric has been the host of Condo Craze
and HOAs, a weekly one hour radio show that airs at 11:00 a.m.
each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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