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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
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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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