SB 154 – PART FOUR – NEW LAWS

By Eric Glazer, Esq.

Published June 5, 2023

 

CORRECTION: IN A PRIOR BLOG IT WAS NOTED THAT THE FLOOR AND FOUNDATION STILL NEEDS TO BE INCLUDED IN A STRUCTURAL RESERVE STUDY ----- THEY DO NOT.

 

SB 154 – is a long bill.  Here are the final new laws:

 

1.     The association shall provide for the maintenance, repair, and replacement of the condominium property for which it bears responsibility pursuant to the declaration of condominium.

 

Major new provision.  An association now must repair property that needs to be repaired.  Not being allowed to borrow is clearly not a defense.  IF YOU DON’T HAVE MONEY TO MAKE THE REPAIR YOU NOW MUST PASS A SPECIAL ASSESSMENT.

 

2.     THESE DISPUTES MUST BE SUBMITTED TO PRE-SUIT MEDIATION – NOT ARBITRATION AND NOT TO COURT

 

(d) The failure of a board of administration, when required by this chapter or an association document, to:

1. Obtain the milestone inspection required under s. 850 553.899.

2. Obtain a structural integrity reserve study required under s. 718.112(2)(g).

3. Fund reserves as required for an item identified in s. 718.112(2)(g).

4. Make or provide necessary maintenance or repairs of condominium property recommended by a milestone inspection or a structural integrity reserve study.

 

Here’s the problem……..we now know that a condominium, if not properly repaired, or properly funded, can collapse, killing nearly a hundred people. 

 

Now, if a unit owner finds out the same things are happening in his or her building, apparently they can’t tell a judge, they have to start at mediation first.

 

NEW DEVELOPER RESPONSIBILITIES

Notwithstanding when the certificate of occupancy was issued or the height of the building, a developer must give the association a turnover inspection report under seal of an architect or engineer authorized to practice in this state or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts, and attesting to required maintenance, condition, useful life, and replacement costs of the following applicable condominium property comprising a turnover inspection report: .

1.      Roof.

2.      Structure, including load-bearing walls and primary structural members and primary structural systems as those terms are defined in s. 627.706.

3.      Fireproofing and fire protection systems.

4.      Plumbing

5.      Elevators.

6.      Electrical systems

7.      Heating and cooling systems.

8.      Waterproofing and exterior painting

9.      Windows and exterior doors

10.   Swimming pool or spa and equipment.

11.   Seawalls.

12.   Pavement and parking areas.

13.   Drainage systems. Painting.

14.   Irrigation systems.

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About HOA & Condo Blog

Eric Glazer

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.

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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