Every condo three stories or taller should undergo a structural inspection in no later than three years, and structural re-inspection every five years thereafter. That’s one recommendation from a Florida Bar Task Force studying the Champlain Tower tragedy. Other reforms being proposed:
Condos should be required to have inspection, maintenance and replacement protocols covering roof, structure, fireproofing, elevators, plumbing, electrical etc..
Condos will be required to obtain a report from an engineer showing the remaining useful life of the roof, structure, fire proofing, elevators, plumbing, electrical, etc..
Condos should be required to maintain reserves in a sum at least equal to or greater than 50% of the cost of replacing each component based on the estimated remaining life of the roof, structure, fire proofing, etc..
Limiting or restricting condo associations’ right to waive reserves
Giving unit owners the right to sue the condo association for failure to follow the maintenance, repair or replacement standards.
Right now, there is nothing in the condo statutes that specifically requires condo associations to have maintenance and inspection protocols. This leaves condo boards free to ignore needed repairs. Giving owners a specific right to sue to require adherence to established standards could go far in making substandard condos shape up.
The Florida Legislature will take these proposals up in its next regular session beginning March 3, 2022.
