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Posted on: October 12, 2022

Condo Inspection Law Information

On May 26, 2022, Florida Governor Ron DeSantis signed Senate Bill 4-D into law. The bill is now codified in Sec. 553.899, Florida Statutes and Sec. 718.112, Florida Statutes, which apply to the Florida Building Code and Condominium Act, respectively. The new law may impact your building and condominium. Highlights and helpful links to state websites are outlined below:

MANDATORY MILESTONE INSPECTIONS

Required for every condominium and cooperative building that is three stories or more in height by December 31 of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.

Within 180 days of receiving a certified written notice from the city building official, or December 31, 2024, whichever is first, the condominium or cooperative must complete a Phase 1 Milestone Inspection: [NOTE:  This is NOT the written notice referenced in the law.]

A Phase 1 Inspection must be performed by a Florida licensed engineer or architect (a representative cannot perform the inspection for the engineer or architect).

A Phase 1 Inspection is a visual examination of habitable and non-habitable areas of the building, including the major structural components of a building. It provides a qualitative assessment of the structural condition of the building.

If during a Phase 1 Inspection the architect or engineer finds any signs of structural deterioration, a Phase 2 Inspection must be performed.

Upon completion of a Phase 1 or Phase 2 inspection, the engineer or architect of record must submit a sealed copy of the inspection report with a summary of, at minimum, the material findings and recommendations in the inspection report to the condominium association or cooperative association, and to the city building official.

Any substantial structural deterioration repairs identified must commence within 365 days of receipt of the Phase 2 report by the city building official, or sooner if adopted by ordinance by the Volusia County Council.

STRUCTURAL INTEGRITY RESERVE STUDY

Must include, at a minimum, a study of the following items as related to the structural integrity and safety of the building: roof, load-bearing walls or other primary structural members, floor, foundation, fireproofing and fire protection systems, plumbing, electrical systems, waterproofing and exterior painting, windows, and other items negatively impacting the aforementioned.

Study must be completed by December 31, 2024, for each building on the condominium property that is three stories or higher in height.

LINKS to STATE WEBSITES

Sec. 553.899, Florida Statutes

Sec. 718.112, Florida Statutes

Senate Bill 4-D overall information including bill summary

Senate Bill 4-D text of bill in its entirety

DISCLAIMER: Please note that this communication is not a formal “Notice” under the bill, and it also is not meant to provide legal advice.  It is merely an effort by the City of Daytona Beach Shores to encourage interactions between and among condominium owners, boards, association managers, and attorneys concerning this important legislation. Please consult with your own legal counsel to receive definitive information about this important new law.


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