The state of Florida continues to prioritize the safety and structural integrity of its condominium communities, especially in the aftermath of the tragic Surfside collapse. Senator Kathleen Passidomo’s August 16, 2024, memo underscores the importance of balancing condominium safety and affordability across the state. At Florida Engineering, we stand ready to assist condominium associations in meeting the legal requirements of milestone inspections and reserve studies. Here’s how we help ensure your property remains compliant and safe.
Understanding the Need for Milestone Inspections
The memo emphasizes that milestone inspections are mandatory for condominium and cooperative buildings that are three or more stories tall. These inspections play a crucial role in evaluating the structural integrity of buildings, particularly as they age. Under Florida law:
- Buildings reaching 30 years of age must undergo a milestone inspection and continue to do so every 10 years thereafter.
- If your building is within three miles of the coastline, the requirement begins when the building is 25 years old, due to the increased risks posed by the harsh coastal environment.
- For buildings that reached 30 years of age before July 1, 2022, the initial milestone inspection must be completed before December 31, 2024.
Florida Engineering’s expert team of licensed engineers and architects are equipped to perform these essential inspections, ensuring your building meets all legal obligations while prioritizing safety and stability.
Ensuring Adequate Reserve Funds for Long-Term Repairs
The tragedy in Surfside highlighted a crucial issue: many condominiums failed to maintain sufficient reserve funds to cover necessary structural repairs. Florida’s new reserve funding laws require condominium associations to conduct a Structural Integrity Reserve Study every 10 years. This study helps associations plan and allocate funds for future major repairs and replacements of the building’s critical elements.
According to the memo, failing to complete this study is a breach of the board’s fiduciary duty, putting both the association and its residents at risk. Florida Engineering assists in conducting these reserve studies to help associations understand their financial obligations and plan for the long-term maintenance of their buildings.
Navigating the Legal Landscape
The memo makes it clear that while some condo owners are frustrated by increased assessments and reserve funding requirements, these laws are in place to protect both safety and property values. Furthermore, recent legislation imposes criminal penalties for condo boards that engage in fraudulent activities, fail to maintain records, or neglect their duties. At Florida Engineering, we not only conduct inspections but also provide guidance on how to navigate these complex legal requirements, ensuring your association remains compliant.
Understanding the Criminal Penalties for Non-Compliance
The memo from Senate President Kathleen Passidomo highlights a critical aspect of the new laws surrounding condominium safety: the enforcement of criminal penalties for condo board members and officers who engage in fraudulent or negligent behavior. These penalties are designed to hold individuals accountable for their actions and protect the safety and financial well-being of condominium residents. At Florida Engineering, we ensure that our clients are fully informed of these risks and help them stay compliant to avoid legal repercussions.
According to the memo, the recently passed House Bill 1021 and related legislation impose the following criminal penalties:
- Second-degree misdemeanor for any director or member of the board or association who knowingly and repeatedly violates the requirements related to the inspection and copying of official records. Two or more violations within a 12-month period can result in this charge.
- First-degree misdemeanor for knowingly and intentionally defacing or destroying required accounting records, or failing to create or maintain those records with the intent to harm the association or its members.
- First-degree misdemeanor for engaging in fraudulent voting activity or knowingly aiding in such activity during association elections.
- Third-degree felony for willfully and knowingly refusing to release or produce association records with the intent to escape detection, arrest, or trial for the commission of a crime, or to assist someone else in doing so.
- Third-degree felony for officers, directors, or managers of a condominium association who knowingly solicit, offer, or accept a kickback.
These legal consequences are serious, and individuals found guilty of such offenses face potential removal from office and criminal charges. Moreover, the law mandates that any officer or director charged with a criminal violation under Chapter 718 of the Florida Statutes is automatically removed from their position, and a vacancy is declared on the board.
Florida Engineering: Your Partner in Condominium Safety
As part of Florida’s ongoing efforts to improve condominium safety, associations are required to meet strict guidelines for both milestone inspections and reserve funding. Florida Engineering is committed to helping associations meet these requirements with our extensive expertise in the field. Our services include:
- Milestone inspections for buildings three stories or taller, assessing the structural integrity of your property.
- Phase 1 and Phase 2 inspections: We conduct thorough visual reviews and, if necessary, in-depth testing to ensure your building remains structurally sound.
- Structural Integrity Reserve Studies: Our team provides a clear analysis of the funds required to cover future repairs, helping associations plan for long-term maintenance.
By working with Florida Engineering, you are not only ensuring compliance but also taking proactive steps to protect the residents and maintain the value of your property.
Preparing for the December 31, 2024 Deadline
The memo reinforces that there is no expectation of a deadline extension for milestone inspections. The Florida Senate will not reconvene until March 2025, and Senate President Passidomo has clearly stated that no special sessions are planned. This means that all condominium and cooperative associations with buildings that reached 30 years of age before July 1, 2022, must have their initial milestone inspection completed before December 31, 2024.
With this deadline fast approaching, it’s essential to act now. Florida Engineering is ready to assist you in meeting this critical deadline by offering:
- Timely scheduling of inspections to ensure you are compliant before the end of the year.
- Expert analysis and comprehensive reports that help you understand the condition of your building and the steps needed to maintain safety.
- Support and guidance throughout the inspection process, including post-inspection recommendations for any necessary repairs.
Why Choose Florida Engineering?
With years of experience in the field, Florida Engineering is a trusted resource for condominium associations across the state. We understand the challenges that come with managing older properties and the importance of balancing safety with affordability. Our team of licensed engineers and architects has the knowledge and experience necessary to guide you through every step of the milestone inspection process.
We are committed to:
- Ensuring the safety and compliance of your property through thorough inspections and reserve studies.
- Providing transparent, detailed reports that help associations understand their responsibilities.
- Helping associations plan for the future, ensuring they have the necessary funds to maintain their buildings and avoid costly emergency repairs.
Take Action Now
With the December 31, 2024 deadline looming, the time to act is now. Florida Engineering is here to help you meet these legal requirements and ensure your condominium remains safe for years to come. Contact us today to schedule your milestone inspection and take the first step toward compliance and peace of mind.
Don’t wait until it’s too late—ensure your building is safe and compliant with Florida Engineering.
Contact Us – The Milestone Experts Near Me – Florida’s Condominium Inspections
- Phone: 941-391-5980
- Email: contact@fleng.com
- Address: 4161 Tamiami Trail, Suite 101, Port Charlotte, FL 33952
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Related Services
- Milestone Inspections
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- 25,30,40,50,60 Year Recertifications
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[This above text is for information purposes only and does not constitute engineering or legal advice. Please consult a professional engineer and licensed attorney for any specific answers to your questions about balcony inspections and the legal obligations milestone inspections entail.]
