The DBPR provides a comprehensive disaster preparedness guide for condominiums and cooperatives, available in English and Spanish (http://www.myfloridalicense.com/dbpr/lsc/ documents/PreparingforaDisasterEnglish.pdf). This guide may be Hurricane protection The board of a condominium may not prevent a member from installing hurricane shutters, impact-resistant windows, code- compliant doors, or other code-compliant hurricane protection. The board may adopt specifications (such as color and type) that standardize them within the community. The installation, replacement, and maintenance of hurricane shutters, impact-resistant windows, code-compliant doors, or other code- compliant hurricane protection are not a material alteration to the common elements. When the board includes funding for the installation, replacement, and maintenance in the association annual budget, no extraordinary approval is needed by the board or the members. The revenue and expenditure for these items is considered a routine operating expense. However, F.S. 718 requires that a majority of TVI approve such installations, if members, rather than the association, will be responsible for the cost of installation and maintenance. If hurricane protection or laminated glass or window film that is architecturally designed to function as hurricane protection and complies with or exceeds the current building code has Windstorm loss mitigation Notwithstanding any provision of the FBC to the contrary, if an existing roofing system or roof section was built, repaired, or replaced in compliance with the requirements of the 2007 FBC or any subsequent edition, and 25% or more of such roofing system or roof replaced or recovered portion is required to be
helpful to HOAs in the development of their emergency/disaster preparedness guide. Other entities, such as the Red Cross, also have disaster guides that an association may find helpful as it prepares its guide. previously been installed, the association may install hurricane shutters, impact-resistant windows, code-compliant doors, or other code-compliant hurricane protection, only with a majority vote TVI. If the board votes to install hurricane protection that complies with or exceeds applicable building codes and the association will be responsible for the installation, maintenance, and replacement of shutters or other hurricane protection, (for example, if the board includes all costs in a special assessment or in the annual budget rather than making the members responsible for buying and maintaining shutters or hurricane protection individually): ● A vote of the members is not required. ● The cost is a common expense. ● A member who previously installed hurricane protection that complies with or exceeds the current building code receives a credit on their assessment. ● The credit shall be equal to the pro-rata portion of the assessed installation cost assigned to each unit.
constructed in accordance with the FBC in effect, as applicable. The Florida Building Commission shall adopt this exception by rule and incorporate it into the FBC. Notwithstanding F.S. 553.73(4), a local government may not adopt by ordinance an administrative or technical amendment to this exception.
MANDATORY STRUCTURAL INSPECTIONS
Effective May 26, 2022, Florida implemented a statewide structural inspection program for aging condominium and cooperative buildings to ensure that they are structurally sound Milestone inspection requirements Condominium and cooperative associations must have a milestone inspection performed on each building that is three stories or higher by December 31 of the year in which the building turns 30 years of age (based on the date the certificate of occupancy was issued for the building), and every 10 years thereafter. If the building’s certificate of occupancy date of issue is not available, it shall be deemed to be the date of occupancy evidenced in any record of the local building official. Exemptions The requirements of a milestone inspection do not apply to single-, two-, or three-family dwellings with three or fewer habitable stories above ground. Definitions ● Milestone inspection : A structural inspection of a building performed by a licensed architect or engineer authorized Milestone inspection report 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 inspection report must, at a minimum, meet all of the following criteria: ● Bear the seal and signature, or the electronic signature, of the licensed engineer or architect who performed the inspection.
and do not pose a threat to the public health, safety, or welfare of residents, visitors, vendors, and the general public. [F.S. 553.899]
to practice in Florida that includes an inspection of the following: ○ Load-bearing walls. ○ Primary structural members (as defined in F.S. 672.706). ○ Primary structural systems (as defined in F.S. 627.706). ● Inspection phases: ○ 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. ○ Phase Two : If any substantial structural deterioration is identified during the Phase One inspection, a Phase Two inspection must be performed. ● Indicate the manner and type of inspection forming the basis for the inspection report. ● Identify any substantial structural deterioration within a reasonable professional probability based on the scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for such deterioration. ● State whether unsafe or dangerous conditions, as those terms are defined in the FBC, were observed. ● Recommend any remedial or preventative repair for any items that are damaged but do not have substantial structural deterioration. ● Identify and describe any items requiring further inspection.
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