Condominiums and Cooperatives F.S. 553 , building construction standards, as it relates to mandatory inspections, was amended as described in the following paragraphs including disclosure requirements. The milestone inspection requirements of F.S. 553.899, were amended to apply to residential condominium or cooperative buildings that are three or more habitable stories in height (as determined by Florida Building Code). A local jurisdiction must now adopt an ordinance requiring that a condominium or cooperative, or any other owner subject to the milestone inspection requirements, to schedule or commence repairs for substantial deterioration within a specified time period after receipt of a phase two milestone report. However, it cannot be more than 365 days after receipt of the phase two milestone report. Licensed architects or engineers bidding to perform a milestone inspection must disclose in writing their intent to bid on any services related to maintenance, repair, or replacement services that may have been recommended by the milestone inspection. Any design professional on services recommended by the milestone inspection is prohibited from having any interest in the firm providing the inspection unless it is disclosed in writing. Design professional is defined by statute to include a person who is licensed in Florida as an architect or engineer. Such design professional who submits a bid to the association to perform services recommended by the milestone inspection cannot have a direct or indirect interest in the entity or firm providing the milestone inspection. Further, they may not be a relative of any person having a direct in the firm, unless disclosed to the association in writing. If the required disclosure of relationship is not provided to the association, the contract is voidable, and the professionals may face disciplinary action for failure to disclose. The contract for such services terminates upon the association filing a written notice terminating the contract, however, the association has the right but not the obligation to void the contract for failure to disclose. Local enforcement agencies responsible for milestone inspections must provide specific information in electronic format to the DBPR by December 31, 2025 , and annually thereafter. The information that must be provided includes, but is not limited to, the following: ● The number of buildings required to have milestone inspection within the agency’s jurisdiction. ● The number of buildings that have had their phase one milestone inspections completed. ● The number of buildings granted an extension of the date (if applicable) of their initial milestone inspection must be completed. ● The number of buildings required to have a phase two milestone inspection. ● The number of buildings that have had their phase two milestone inspection completed. ● The number, type, and value of permit applications received to complete repairs required by a phase two milestone inspection. ● A list of buildings considered to be unsafe or uninhabitable, as determined by a milestone inspection. ● The license number of the building code administrator responsible for milestone inspection for the local enforcement agency.
The community association manager shall abide by all professional standards and record keeping requirements imposed pursuant to part VIII of F.S. 468. F.S. 468.4334(1)(d ) was amended requiring that a contract between a CAM or CAM firm and a community association may not waive or limit the professional practice standards required pursuant to this part. F.S. 468.4334(3)(a), (b) , and (c) were amended to apply to all associations , (i.e., condominiums, cooperatives, and homeowners’) rather than only homeowners’ associations. Statutory Obligations of CAMs and CAM Firms for All Associations ● Attend in person at least one association meeting annually. ● Provide the members, and if required to have a website, post on their website or mobile application, the name and contact information of the CAM assigned to the association. ○ If the association is required to maintain official records on a website or mobile application, this information is required to be posted on the website or application. The CAM or CAM firm must update this information within 14 business days of any changes. ● Provide a copy of the contract between the association and the CAM or CAM firm upon any member’s request. F.S. 468.4335 relating to conflicts of interest, subsection (1) and (2) were amended to read: (1)(a) A community association manager or a community association management firm, including directors, officers, and persons with a financial interest in a community association management firm, or a relative of such persons, proposes to enter into a contract or other transaction with the association, or enters into a contract for goods or services with the association, for services other than community association management services. A community association manager or a community association management firm, including directors, officers, and persons with a financial interest in a community association management firm, or a relative of such persons, holds an interest in or receives compensation or anything of value from a person which corporation, limited liability corporation, partnership, limited liability partnership, or other business entity that conducts business with the association or proposes to enter into a contract or other transaction with the association. As used in this paragraph, the term “compensation” means any referral fee or other monetary benefit derived from a person which provides products or services to the association, and any ownership interests or profit-sharing arrangements with product or service providers recommended to or used by the association. If the association receives and considers a bid that exceeds $2,500 to provide a good or service, other than community association management services which is or may reasonably be construed to be a conflict of interest under subsection (1), the association must solicit multiple bids from other third-party providers of such goods or services. This subsection does not apply to any activities or the provision of goods or services that are disclosed in the management services contract as a conflict of interest within the meaning of subsection (1).
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