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SB 154 – PART TWO – NEW LAWS
By
Eric Glazer, Esq.
Published May 22, 2023
THE STRUCTURAL INTEGRITY RESERVE STUDY
(g)
Structural integrity reserve study.— A residential condominium
must have a structural integrity reserve study completed at
least every 10 years after the condominium’s creation for each
building on the condominium property that is three stories or
higher in height as determined by the Florida Building Code
which includes, at a minimum, a study of the following items as
related to the structural integrity and safety of the building:
a. Roof.
b. Structure, including load-bearing walls and or other
primary structural members and primary structural systems as
those terms are defined in s. 627.706.
c. Floor.
d. Foundation.
e. Fireproofing and fire protection systems.
f. Plumbing.
g. Electrical systems.
h. Waterproofing and exterior painting.
g. Windows and exterior doors.
h. Any other item that has a deferred maintenance expense or
replacement cost that exceeds $10,000 and the failure to replace
or maintain such item negatively affects the items listed in
sub-subparagraphs a.-g. as determined by the licensed
engineer or architect performing the visual inspection
portion of the structural integrity reserve study.
A structural integrity reserve study is based on a visual
inspection of the condominium property. A structural integrity
reserve study may be performed by any person qualified to
perform such study. However, the visual inspection portion of
the structural integrity reserve study must be performed or
verified by an engineer licensed under chapter 471, an architect
licensed under chapter 481, or a person certified as a
reserve specialist or professional reserve analyst by the
Community Associations Institute or the Association of
Professional Reserve Analysts. (New law: Strange that a private
organization that collects dues from members gets to certify
whether or not someone has the credentials to perform reserve
studies. The study no longer has to be done by an architect or
engineer.)
For a budget adopted on or after Effective December 31, 2024,
(SO STARTING IN 2026) members of a unit-owner-controlled
association that must obtain a structural integrity reserve
study may not vote to use reserve funds, or any interest
accruing thereon, that are reserved for items listed in
paragraph (g) for any other purpose other than the replacement
or deferred maintenance costs of the components listed in
paragraph (g)
At a minimum, a structural integrity reserve study must identify
each item of the condominium property being visually inspected,
state the estimated remaining useful life and the estimated
replacement cost or deferred maintenance expense of each item of
the condominium property being visually inspected, and provide a
reserve funding schedule with a recommended annual reserve
amount that achieves the estimated replacement cost or deferred
maintenance expense of each item of condominium property being
visually inspected by the end of the estimated remaining useful
life of the item. The structural integrity reserve study may
recommend that reserves do not need to be maintained for any
item for which an estimate of useful life and an estimate of
replacement cost cannot be determined, or the study may
recommend a deferred maintenance expense amount for such item.
The structural integrity reserve study may recommend that
reserves for replacement costs do not need to be maintained for
any item with an estimated remaining useful life of greater than
25 years, but the study may recommend a deferred maintenance
expense amount for such item. (All New)
An association that is required to complete a milestone
inspection in accordance with s. 553.899 on or before December
31, 2026, may complete the structural integrity reserve study
simultaneously with the milestone inspection. In no event
may the structural integrity reserve study be completed after
December 31, 2026. If the milestone inspection required by s.
553.899, or an inspection completed for a similar local
requirement, was performed within the past 5 years and meets the
requirements of this paragraph, such inspection may be used in
place of the visual inspection portion of the structural
integrity reserve study.
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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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