Florida’s state legislature has failed to pass a bill which would have strengthened requirements to inspect and repair the state’s aging condo stock. The new legislation was drafted in response to the collapse of the Champlain Towers South condo building in June 2021, which killed 98 people.
The reform bills, one crafted by the state’s House of Representatives and one by the state Senate, both included strict inspection measures for condo associations, incorporating recommendations from a group of industry experts set up after the Champlain Towers collapse.
Under the House bill, condo buildings three stories or higher would have to be recertified after 30 years of habitation, while buildings within 3 miles of the coast would have to be recertified after 25 years. Subsequent inspections would be required every 10 years thereafter. Such information would also be placed on the public record, offering insights for prospective condo buyers, existing owners, and public officials.
Under the Senate version, condos within 3 miles of a coastline would undergo a “milestone” inspection after 20 years by a state-licensed architect to determine structural and safety conditions. A subsequent inspection would then be carried out every seven years thereafter. Meanwhile, condos completed before July 1992 would require an inspection before the end of 2024 and every 10 years thereafter.
The failure to pass legislation centered on a dispute between the House and Senate on how repairs to aging condos would be funded. The House bill would require condo associations to conduct financial studies every decade to ensure they were sufficiently funded to afford structural improvements. However, this requirement was struck from the Senate bill. Although the Senate bill passed unanimously, the amendment was deemed unacceptable by the House sponsor, thus ending hopes of passing the legislation.
Proponents of the Senate bill expressed concern that the financial demands on condo associations would risk requiring “60- and 70-year-olds, in condos, to come up with a $10 million reserve requirement.” For example, the 40-year assessment of the since-collapsed Champlain Towers had calculated repair costs in excess of $15 million.
The need to pass legislation to improve safety standards in Florida’s condo buildings is critical, say proponents of the bill. According to the Tampa Bay Times, approximately 2 million people in the state are living in condo units over 30 years old, while 105,000 of Florida’s 1.5 million condo units are over 50 years old.
“I have faith that even if the Legislature did nothing this year on that issue, the insurance industry as a whole is going to require enough inspections to ensure that the condos are safe,” said State Senator Jeff Brandes following the failure of the House and Senate to reach a consensus.
The failure of the state legislator to pass stronger inspection measures comes at a time when federal and state officials around the country are under increased pressure to improve fire safety standards in the wake of recent fires in the Bronx and Philadelphia.
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