Reserves condominiums and cooperatives In 2022, significant changes took place in the statutes governing Florida condominiums and cooperatives. Specifically, it was determined that buildings that are three stories or higher were required to have performed a “milestone” inspection of each of those buildings located on the association property by a Florida licensed architect or engineer. Additionally, it required such condominium and cooperative buildings to have a structural integrity reserve study (SIRS) and mandatory reserves. The milestone inspections were required to be performed by December 31 of the year that the building turns 30 years of age and every 10 years thereafter. The milestone inspections are required, currently, for single-, two-, three-, and four-family dwellings with three or fewer habitable stories. The purpose of the “milestone” inspection is to attest to: ● The adequacy of the life safety and structural components of the building. ● The general structural conditions of the building affect the safety of the building, including determination of any necessary maintenance, repair, or replacement of any structural component of the building to the extent reasonably possible. The “milestone” inspection is performed in a two-phase method: Phase One : A licensed architect or engineer authorized to practice in Florida shall perform a visual examination of habitable and non-habitable areas of the building, including the major structural components, and provide a qualitative assessment of the structural conditions of the building. Structural integrity reserve study Residential condominium and cooperative associations must have a structural integrity reserve study (SIRS) completed at least every 10 years after the condominium or cooperative’s creation for each building on the association 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: ● Roof ● Structure, including load-bearing walls and other primary structural members and primary structural systems, as ● Any other item that has a deferred maintenance expense or replacement cost that exceeds $25,000 or the inflation-adjusted amount determined by the division and the failure to replace or maintain such item negatively affects the items listed in sub-subparagraphs a.-g., as determined by the visual inspection portion of the structural integrity reserve study. A structural integrity reserve study is based on a visual inspection of the condominium or cooperative property. A structural integrity reserve study including the visual inspection portion of the structural integrity reserve study must be performed or verified by an engineer licensed under F.S. 471, an architect licensed under F.S. 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. those terms are defined in F.S. 627.706. ● Fireproofing and fire protection systems ● Plumbing ● Electrical systems ● Waterproofing and exterior painting ● Windows and exterior doors
Phase Two : If any substantial structural deterioration is identified during the Phase One inspection, a Phase Two inspection must be performed. Upon completion of a Phase One or Phase Two milestone inspection, the architect or engineer who performed the inspection must submit a sealed copy of the inspection report with a separate summary of, at a minimum, the material findings and recommendations in the inspection report to the condominium or cooperative association, and to the building official of the local government that has jurisdiction. The “milestone” inspections are a record of the association, and the board must assure that a copy is distributed to all members of the condominium or cooperative association; must post a copy of the report in a conspicuous place on the property; and must publish the full report and summary on the association’s website (if the association has or is required to have a website). The inspection reports must also be available for review or copying by renters. Remember as of January 1, 2026, condominium associations with 25 or more units shall post to their website or through a mobile app, digital copies of the documents specified in F.S. 718.111(12) (g) subparagraph 2, which includes, among other documents, the milestone inspection reports and the association’s most recent structural integrity reserve study, if applicable. This does not apply to buildings less than three stories in height; single-, two-, three-, and four-family dwellings with three or fewer habitable stories above ground; any portion or component of a building that has not been submitted to the condominium form of ownership; or any portion or component of a building that is maintained by a party other than the association. Before a developer turns over control of an association to unit owners other than the developer, the developer must have a turnover inspection report in compliance with F.S. 718.301(4)(p) and (q) for each building on the condominium property that is three stories or higher in height. Associations existing on or before July 1, 2022, that are controlled by unit owners other than the developer, must have a structural integrity reserve study completed by December 31, 2025, for each building on the condominium property that is three stories or higher in height. An association that is required to complete a milestone inspection in accordance with F.S. 553.899 (building construction standards) 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 officers or directors of an association willfully and knowingly fail to complete a structural integrity reserve study, it is a breach of an officer’s and director’s fiduciary relationship to the unit owners under F.S. 718.111(1). An officer or a director of an association must sign an affidavit acknowledging receipt of the completed structural integrity reserve study. Within 45 days after receiving the structural integrity reserve study, the association must provide the division with a statement indicating that the study was completed and
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