In Tallahassee, Florida lawmakers have given their final approval to a new reformative bill intended to adjust a condominium safety law that was initially enacted in 2022 following the tragic partial collapse of the Champlain Towers South. This devastating incident in Surfside in June 2021 resulted in the loss of 98 lives.
Condo owners have been grappling with increased financial demands due to the 2022 mandate, which obligates condo associations to maintain adequate reserves for significant repairs and to conduct reserve evaluations every ten years.
This year’s bill sponsors have proposed additional changes to introduce more adaptable measures and alleviate the cost pressures shouldered by residents. The aim is to ensure that the essential safety measures are not compromised, thus preventing another potential tragedy.
“By ensuring safety does not regress, this bill offers options, adaptability, and relief so that condo owners and associations can prioritize the most critical repairs first,” stated Republican state Senator Jennifer Bradley, one of the bill’s sponsors.
According to residents and legal experts, the pre-2022 regulations allowed condo associations to maintain low fees by not allocating funds for future repairs, leading to substantial special assessments when urgent repairs were unavoidable. The financial burden of catching up on deferred maintenance while building reserves has particularly impacted residents in South Florida’s condo communities, including retirees and those on fixed incomes.
Among those residents, Kelli Roiter of Hallandale Beach, whose building was constructed in 1971 and is located a few miles from Champlain Towers South, expressed her concern for safety. Despite empathizing with others struggling with increased fees, Roiter stands in favor of ensuring condo associations maintain reserves for necessary repairs.
“I fear the possibility of our building collapsing,” Roiter shared in December. “There are nights I am startled awake by a noise and must remind myself that we are secure. But am I truly safe?”
The newly passed bill, headed to Republican Governor Ron DeSantis for approval, proposes that certain condo associations could fund their reserves through loans or lines of credit. It would grant residents more leeway to defer reserve payments while concentrating on immediate repairs. Additionally, the bill extends the timeline for completing structural integrity studies and exempts smaller buildings from these assessments.
Bill sponsor, state Representative Vicki Lopez, a Republican from Miami, remarked on the balancing act legislators faced: “We have worked to find that delicate balance between ensuring the safety of our constituents living in condominiums and recognizing the significant financial implications these legislative measures can have.” She further affirmed her ongoing commitment to advocacy and reform efforts in this area.