Condominium owners in St. Petersburg face towering uncertainty as over 200 buildings must complete Milestone Inspection Reports by Dec. 31.

Posted: Dec 17, 2025
By: SFPMA Membership Dept
Comments: 0

A new state law requires mandatory structural studies on older condo buildings with three or more stories. Senate Bill 4-D also requires association boards to increase repair funding reserves, and many owners now face six-figure special assessment fees.

Don Tyre, building official manager, provided city council members an update on the local process at a committee meeting. He noted that 225 condo buildings must submit reinspection reports this year, as all exist within three miles of the coast.

“I’m hoping to get three-quarters of the buildings to submit by December,” Tyre said. “There are going to be some issues; this is a new regulatory requirement. There’s only so many engineering firms that do this work.”

He said bill provisions allow deadline extension in some extenuating circumstances. The city will address delinquent buildings on a “case-by-case basis.”

The legislation, stems from the Chaplain South Tower’s collapse in Surfside, Florida. The catastrophe – still under investigation and blamed on several factors – killed 98 people

Miami-Dade and Broward Counties were the only jurisdictions to mandate structural inspection programs for existing buildings before the collapse. The local ordinances required buildings over 40 years old to receive a 10-year recertification.

“That’s, basically, what we’re going to be following – a 25-year inspection program with a 10-year reinspection portion,” Tyre said. “December of this year is the big date. It’s been postponed once; I don’t anticipate it being postponed again.”

He noted that 68 of the 225 buildings have submitted milestone reports. The legislation also applies to commercial structures of any height with an occupancy limit exceeding 500 people.

Local governments must submit a 180-day notice to affected owners and associations. St. Petersburg issued those forms

Tyre explained Phase I is a visual inspection from an architect or engineer to discern “any possible substantial structural deterioration.” Those could require further evaluations, and stakeholders must submit a Phase II Inspection report within 180 days.

“The responsibility falls to the condo ownership group and architectural or engineering firm they hire to provide that documentation,” Tyre added. “If they deem it necessary to go into a Phase II inspection, that’s a more forensic investigation.”

He said that could include building material sample testing, movement measurements, soil studies and “a number of different building imaging options.” The owners have one year to pull permits and start repairs if the architectural or engineering firm finds significant deterioration.

“If there’s a life safety issue, that’s when we (the city) would step in as a regulatory authority,” Tyre said. “And potentially, either evacuate the building or a portion of the building – it could be limited to just a small area, like a couple of balconies or something like that.

“There’s going to be some condo associations or buildings that will require a deeper review.”

Tyre said the inspections focus on structural integrity rather than code violations and fall outside the city’s scope. However, building officials will provide oversight.

Councilmember Brandi Gabbard requested the update and noted that received reports would constitute municipal public records. She said that would help inform prospective buyers.

“Anybody who has ever bought or sold a condo knows that sometimes it is challenging to get all of the documentation regarding the condo association the way it is now,” Gabbard said. “But then when you add this on top of it, and the type of reserves that we could potentially see being increased, there is some concern over transparency …”

Tyre said building officials must redact some information, and residents must submit a formal public records request to receive documentation. Elizabeth Abernethy, director of planning and development services, said they could explore creating an online portal to streamline the process.

The legislation allows local governments to implement a fee for reviewing submitted inspection reports. Abernethy believes the city has adequate staff to “get through this initial push and wouldn’t be necessary to charge an additional fee for review those reports.”

However, buildings needing repairs must pay associated permitting costs. Gabbard said she has “no desire” to require additional payments.

“Some of these reserve needs are going to be pretty hefty,” she added. “I don’t think we need to pile on.”

Thank You for the contribution of this article so others can learn.

Florida Condo Building Inspections (SB4d)

The State of Florida Property Management Association with Legal & Engineering Members are here to provide help so you understand the new laws and how to take the correct action to ensure you are in full compliance.

http://FLBuildingInspections.com (a division of SFPMA)

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Don’t let a natural disaster catch your community off guard! Take charge and be prepared!

Posted: Sep 21, 2025
By: The Falcon Group
Comments: 0

The coastal Northeast is experiencing a concerning trend of heating at a faster rate compared to other regions in North America. Researchers have identified a strong correlation between the accelerated warming and the rapidly increasing temperatures in the North Atlantic Ocean and increasing storm intensity. Natural disasters such as hurricanes, tornadoes and coastal flooding can strike at any moment, leaving communities devastated and in need of immediate assistance. It is crucial for communities to be prepared in order to minimize the impact of these disasters and ensure the safety of their residents.

Preparing your community for a natural disaster is crucial to minimize damage, save lives, and facilitate a swift recovery. Here are a few steps to assist with your preparation:

Assessment and Planning:

Identify the types of natural disasters that are common in your area, such as earthquakes, hurricanes, floods, wildfires, or tornadoes.
Conduct a thorough risk assessment to understand the potential impact of these disasters on infrastructure, buildings, and residents.
Collaborate with professionals to create a comprehensive disaster preparedness plan.
Make sure that the community has backed up records of their site plans, architectural and structural drawings, as this can greatly assist in the post disaster assessment and recovery process.

Initial building evaluation performed based on the severity of the storm/event:

The degree of safety & habitability of the subject building is not always obvious. If there is any doubt or question that there may be structural or building envelope damage to a building, call you Professional Engineer or Architect and have an evaluation performed.
In some instances, you may be required by your local municipality to have your professional assist with stabilizing the structure before parties can enter the structure to collect personal belonging that may remain.

Communication and Engagement:

Establish a reliable communication system to disseminate information before, during, and after a disaster. This can include email, social media, or text alerts.
Designate community leaders or volunteers responsible for communicating updates and instructions.

Contact Insurance:

It can take a while to get adjusters to scene following an event. Be sure to take before, during and after photos of any damage that occurred.

Post-Disaster Recovery:

Establish a recovery plan that includes damage assessment, debris removal, and restoration of essential services.
Plans and specifications may be required to repair or reconstruct the building, depending on severity.
Code requirements can impact the work based on if it is classified as repair vs reconstruction. This needs to be carefully reviewed and considered as insurance carriers may try to exclude some of the necessary work, so the Architect or Engineer needs to be well versed on preparing plans for this type of work.

Remember, disaster preparedness is an ongoing effort. Regularly review and update your plans based on new information, changing community demographics, and emerging technologies. By taking proactive steps, you can help your community minimize the impact of natural disasters and ensure a more resilient future.

Contact our team for more information how to be proactive!

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Phone: 561-290-0504
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Tags: Engineering Articles, Florida Building Inspections, Management News, Members Articles

Local Condos Failing to Comply with New Milestone Inspections Law

Posted: May 20, 2025
By: SFPMA Membership Dept
Comments: 0

Recent reporting by the Sun Sentinel chronicled how 124 condominium buildings, representing approximately 25,000 residences in unincorporated Palm Beach County, failed to submit their milestone inspection reports by the end of 2024 as required under the new Florida law.

The circumstances described in the article are possibly playing out in other jurisdictions throughout the state in light of the recent passing of the December 31, 2024, deadline by which many residential condominium and cooperative buildings of three stories or more throughout the state were required to have completed their milestone inspections and reports. The article indicated that Palm Beach County officials are now strongly urging the representatives of those communities to submit the required inspection paperwork as soon as possible.

The Florida law, which was enacted in response to the 2021 tragedy of the building collapse in Surfside, required associations for many residential condominium and cooperative buildings 30 years or older and with three or more stories to have filed an inspection report detailing necessary structural building maintenance and required repairs by December 31, 2024 (with the balance of such buildings having to do so by December 31, 2025, depending upon when they reached 30 years of age). During the first phase of the required milestone inspection, a state-licensed architect or engineer must examine the building to assess the condition of its main structural elements. If no repairs are needed and the building passes, the next milestone inspection is due in 10 years. For buildings in which deterioration is detected, a second phase of inspections is subsequently required to take place within the ensuing 180 days, but that timeframe can be extended if extra time is deemed necessary.

Unfortunately, some condominium and cooperative associations required to have complied failed to do so, citing factors which include a lack of funds to perform such inspections, unavailability of qualified professionals to timely perform the inspections and reports, or a general misunderstanding as to the need to comply with the required inspections. Elected and other governmental officials seem to be struggling with the best approach to compel compliance, given that stakeholders in many communities are complaining about the burdens being imposed upon them due to the inspection requirements as well as the newly enacted structural integrity reserve funding obligations, installation or upgrades of bi-directional amplification systems for emergency responders, and the need to fund costly property insurance premiums also required by state law.

The newspaper quotes Palm Beach County officials illustrating that their objective is to make sure buildings are maintained and repaired, and indicating they are neither looking to “kick people out of their houses” nor “to basically knock down buildings.”

The story indicates that in unincorporated Palm Beach County, more than 500 buildings were supposed to have filed their milestone inspection, but almost a quarter of them failed to do so. The recent reporting found that more than 100 buildings in the county have entered into the second phase of inspections, and more than 200 remain under review under the first phase. For the 124 properties that have not yet provided any milestone-inspection information, county officials say they remain in the dark about the state of those buildings.

As we continue to move past the inspection and reporting deadline, and approach the deadline for the remainder of buildings required to comply, local governmental officials will wrestle with the best approaches to enforce compliance with the requirements. Some authorities may opt to begin enforcement with a notice being sent out to remind association registered agents and directors that they are not yet in compliance, steering clear of immediately imposing fines or other penalties. However, other authorities may feel that optimal compliance with the inspection and reporting requirements may not be likely to be achieved without the threat of fines or similar measures.

The recent article further mentioned that along with potential fines, the commissioners and other officials also discussed the use of new signage to be posted at the buildings alerting residents to the fact that the structure has not yet been inspected, as well as the issuance of noncompliance notices to be distributed to all the board members.

For residential condominiums and cooperatives that do not undergo the required inspection, the potential consequences could include difficulty in obtaining insurance renewals along with increased premiums. They could also face potential legal action from their owners, who could find themselves unable to sell their residences and seeking remedies for any decreases in property values that may ensue. Ultimately, the associations for such communities may be forced to increase their assessments in response to these repercussions and any fines that may be imposed.

Our firm strongly recommends that all the associations for residential condominium and cooperative communities that have not already complied with these new requirements for milestone inspections make them an immediate priority and take all reasonable actions necessary to complete the initial phase and file the necessary report to their corresponding building department as soon as possible.

by ROBERTO BLANCH, SIEGFRIED RIVERA

Find engineers for your Inspections.

Tags: Florida Building Inspections

FIDUCIARY DUTY: What it Means to Your Community Association. by REMBAUM’S ASSOCIATION ROUNDUP

Posted: May 11, 2025
By: KBR Legal
Comments: Comments Off on FIDUCIARY DUTY: What it Means to Your Community Association. by REMBAUM’S ASSOCIATION ROUNDUP

What duty does a community association board member owe to their association? What happens if that duty is breached? During the legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions.

The legislation in House Bill 919 was proposed by Representative Porras in response to the alleged $3.4 million dollar embezzlement scheme that took place at the Hammocks Community Association, located in Miami-Dade County. Parts of this proposed bill were well-intentioned; however, several provisions were commonly viewed as too broad and expansive.

On November 15, 2022, the Miami-Dade State Attorney’s Office announced charges related to the Hammocks’ criminal case, including racketeering, organized scheme to defraud, money laundering, grand theft, and fabricating physical evidence against five board members. These board members have been accused of the following:

i) running a scheme in which they used HOA checks and HOA credit cards from 55 bank accounts to pay for “no-show” work by shell companies or vendors, who would funnel money back to the directors for their personal use;

ii) withholding official records from members; and,

iii) failure to hold valid elections, among other bad acts.

If found guilty these board members overtly breached their fiduciary duty to their association.

During the 2023 legislative session, House Bill 919 initially contained significant criminal penalties to punish board members who failed to provide official records when they otherwise should have, criminal penalties for kickbacks, and criminal penalties for improper election interference, among other provisions. Such laws, while well intended, went overboard as evidenced by the creation of criminal penalties for failure to provide official records, as such severe criminal penalties for operational matters would likely only deter good people from running for the board. Recognizing this potential issue, parts of HB 919 were tempered a bit prior to it becoming law. That said, in the opinion of this author, new laws with new criminal penalties are not the answer. Bad people do bad things, and no amount of laws will likely significantly change that. So, what is the answer?

One answer is to shore up the educational and certification requirements for board members. At present, there are two ways to be certified as a board member. One method is to take a State-approved class, which provides an overview of the voluminous information board members need to know in order to perform their duties. The other method is to sign a piece of paper that the board member has read the governing documents, will abide by them, and will faithfully discharge their duties. This second method should be eliminated as there is no method to confirm compliance, and this method does not have any educational component. In addition, continuing education requirements should be required for any board member serving consecutive years.

During a board certification class, time should be spent discussing the term “fiduciary duty.” While the term is repeatedly used in Chapters 718 and 720 of the Florida Statutes, it is not expressly defined in these statutes. Section 718.111, Florida Statutes, makes reference to Section 617.0830, Florida Statutes, which provides for general standards for directors of not-for-profit corporations, such as community associations.

Section 617.0830, Florida Statutes, provides the following:

1. 1. A director shall discharge his or her duties as a director, including his or her duties as a member of a committee i) in good faith; ii) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and iii) in a manner he or she reasonably believes to be in the best interests of the corporation.
  2. In discharging his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: i) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; ii) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons’ professional or expert competence; or iii) a committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence.
  3. A director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) unwarranted.
  4. A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section.

Still, though, there is no express definition of the term “fiduciary duty.” The purpose of studying fiduciary relationships is to identify the areas where it exists and gain an insight into the duties of a fiduciary. After all, every board member is a fiduciary for their community association. Common definitions of the term “fiduciary” include:

- - A fiduciary relationship is a relation between two parties wherein one party (fiduciary) has the duty to act in the best interest of the other party (beneficiary or principal).
  - A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person.
  - A fiduciary duty is a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party.
  - Most importantly, and germane to this discussion, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.

In other words, a good community association board member puts the interest of their association above their own personal interests. Thus, while we may not be able to stop bad people from doing bad things, through continuing education we can help good people do better.

To recap, there are three things that can be readily accomplished that would make a positive difference for Florida’s community associations.

1. 1. Remove the ability of a board member to be “certified” by signature alone.
  2. Require continuing education for board members serving continuous years.
  3. Amend Florida Statutes, Chapters 718 and 720, to include express definitions of fiduciary duty so that it is made patently clear that every board member must put their community association above and ahead of their own personal interests.

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Tags: Board of Directors, Condo and HOA Law, Members Articles

Need a few reasons to digitize your paper-based engineering and architectural drawings? How about these?

Posted: Apr 23, 2025
By: SRI Consultants
Comments: 0

1- Accessibility and Sharing. Digital files are easy to search, copy and share, saving valuable time and improving collaboration.

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2- Storage and Document Integrity. Digital drawings are much less expensive to store than paper copies and are not subject to degradation over time.

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3- Flexibility. Digital drawings are easy to rework or update, streamlining change processes and speeding renovations.

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4- Details. Digital designs allow for the addition of audio or video to individual elements, providing an extra level of detail (e.g., materials, site layout, construction processes).

At the end of the day, digitization is a huge time and cost saver.

Contact us today to learn how SRI can help you to transfer your hardcopy assets into intelligent electronic files

Call Us—561.372.1290

Tags: Board of Directors, Engineering Articles, Florida Building Inspections

HOW TO COLLECT WHAT’S DUE? By Eric Glazer, Esq.

Posted: Jan 11, 2025
By: eric@condo-laws.com
Comments: 1

We are already starting to see an uptick in the amount of owners falling behind on paying their assessments to their association. It is wise for an association to know how the collections process works in for the board to put in place a policy that works best for the association.

In both condos, Co-ops, and HOAs, the procedure is the same.

To start, the association must first deliver a thirty day written notice of late assessments to the unit owner which specifies the amount owed the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees.
If the owner fails to bring their account current, the association must then provide the delinquent unit owner with another letter which is a 45 day notice of its intent to file a lien and its intent to foreclose its lien. The association can demand attorney’s fees, interest and late fees in this letter.
If the owner fails to bring their account current, the attorney can record a lien and threaten to foreclose on the lien if their account is not brought current within 45 days. The association can demand attorney’s fees, interest and late fees in this letter.
If after 45 days the owner still fails to bring their account current, the association may file a foreclosure action in court.

Keep in mind that because the unit owner must receive a 30 day letter, a 45 day letter and another 45 day letter, it takes a long time to bring a delinquent owner into court. That is why associations may need to rethink their collection process and start it a little earlier. If not, by the time it gets to court, the owner may by 9 or 10 months delinquent.

Especially in condominium buildings, things are about to get tough. There are now mandatory inspections, mandatory repairs, mandatory fire sprinkler or ELSS installation, a tremendous rise in insurance and the inability to waive reserves. Stay on top of your collections.

About HOA & Condo Blog

Read other industry Legal Articles

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for three decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board Certified by The Florida Bar in Condominium and Planned Development Law.

Tags: Collections, Condo and HOA, Condo and HOA Law

Accessible parking isn’t just a nice thing to have – it’s the law. – TrueLines

Posted: Dec 20, 2024
By: Admin SFPMA
Comments: Comments Off on Accessible parking isn’t just a nice thing to have – it’s the law. – TrueLines

Accessible parking isn’t just a nice thing to have – it’s the law.

Most parking lots must provide accessible parking spaces that align with ADA standards.

This legal requirement ensures people with disabilities can park safely and conveniently, making it easier for them to patronize businesses, access services, and participate in community life.

Navigating the legal landscape can be challenging, but with our expertise, your parking lot can open doors for all.

Connect with us to stay informed about the crucial aspects of making your parking lot welcoming and accessible to all.

772-349-4669

admin@truelinesinc.com

www.truelinesinc.com

SOUTHEAST FLORIDA’S EXPERT ASPHALT MAINTENANCE CONTRACTOR

Tags: Asphalt and BlackTop Articles

MANDATORY CONDOMINIUM & COOPERATIVE BUILDING INSPECTIONS & NON-WAIVABLE RESERVE REQUIREMENTS SENATE BILL 4-D

Posted: Dec 18, 2024
By: KBR Legal
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MANDATORY CONDOMINIUM & COOPERATIVE BUILDING INSPECTIONS & NON-WAIVABLE RESERVE REQUIREMENTS

We are reposting this, for all the buildings That have not had inspections…..

SENATE BILL 4-D

With home insurers leaving Florida in droves, and following pressure from members of both political parties in the legislature to actually do something about it, in May 2022, the governor called a special legislative session to address the problem. A very real concern to the insurers is the effect of both time and inclement weather on Florida’s aging high-rise buildings. Until now, and for the most part, Florida law largely ignored these concerns. Enter Senate Bill 4-D (SB 4-D) which already became effective upon being signed into law by Governor DeSantis on May 26, 2022. This new piece of legislation addresses condominium and cooperative building inspections and reserve requirements (while this article primarily addresses these new laws in the context of condominium association application, they are equally applicable to cooperative associations).

By way of background, during the regular legislative session, there were several bills introduced in the Florida House of Representatives (House) and in the Florida Senate (Senate) addressing building safety issues, but none of them were passed into law due to the inability to match the language of the bills in both the House and the Senate which is a requirement for legislation to pass and go to the governor for consideration. As such, it was a little surprising to many observers that the legislature was able to approve SB 4-D in essentially a 48-hour window during the special session in May. The language used in SB 4-D was initially drafted into a proposed bill in November 2021. At that time, and during the most recent legislative session, input was provided by many industry professional groups including engineers, reserve study providers, and association attorneys. Many of these industry professionals indicated that there were challenges with some of the language and concepts being proposed in SB 4-D during session.

Notwithstanding these challenges, and in an effort to ensure some form of life safety legislation was passed this year, SB 4-D was unanimously approved in both the House and Senate and signed by the governor. A plain reading of this well intended, but in some instances not completely thought-out, legislation evidences these challenges. Some will say it is a good start that will need significant tweaking, which is expected during the 2023 Legislative Session. Others praise it, and yet others say it is an overreach of governmental authority, such as an inability to waive or reduce certain categories of reserves. You be the judge. We begin by examining the mandatory inspection and reserve requirements of SB 4-D.

I. MILESTONE INSPECTIONS: MANDATORY STRUCTURAL INSPECTIONS FOR CONDOMINIUM AND COOPERATIVE BUILDINGS. (§553.899, Fla. Stat.)

You will not find these new milestone inspection requirements in Chapters 718 or 719 of the Florida Statutes, but rather in Chapter 553, Florida Statutes, as cited above.

MILESTONE INSPECTIONS:

The term “milestone inspection” means a structural inspection of a building, including an inspection of load-bearing walls and the primary structural members and primary structural systems as those terms are defined in section 627.706, Florida Statutes, by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any structural component of the building. The purpose of such inspection is not to determine if the condition of an existing building is in compliance with the Florida Building Code or the fire safety code.

SUBSTANTIAL STRUCTURAL DETERIORATION:

The term “substantial structural deterioration” means substantial structural distress that negatively affects a building’s general structural condition and integrity. The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration.

MILESTONE INSPECTIONS FOR BUILDINGS THREE STORIES OR MORE IN HEIGHT:

A condominium association under chapter 718 and a cooperative association under chapter 719 must have a milestone inspection performed for each building that is three stories or more in height by December 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.

WITHIN THREE MILES OF COASTLINE:

If the building is three or more stories in height and is located within three miles of a coastline, the condominium association or cooperative association must have a milestone inspection performed 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.

The condominium association or cooperative association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance.

The condominium association or cooperative association is responsible for all costs associated with the inspection.

IF THE CERTIFICATE OF OCCUPANCY WAS ISSUED BEFORE JULY 1, 1992:

If a milestone inspection is required under this statute and the building’s certificate of occupancy was issued on or before July 1, 1992, the building’s initial milestone inspection must be performed before December 31, 2024. If the date of issuance for the certificate of occupancy is not available, the date of issuance of the building’s certificate of occupancy shall be the date of occupancy evidenced in any record of the local building official.

Upon determining that a building must have a milestone inspection, the local enforcement agency must provide written notice of such required inspection to the condominium association or cooperative association by certified mail, return receipt requested.

Within 180 days after receiving the written notice the condominium association or cooperative association must complete phase one of the milestone inspection. For purposes of this section, completion of phase one of the milestone inspection means the licensed engineer or architect who performed the phase one inspection submitted the inspection report by e-mail, United States Postal Service, or commercial delivery service to the local enforcement agency.

A MILESTONE INSPECTION CONSISTS OF TWO PHASES:

(a) PHASE 1: For phase one of the milestone inspection, a licensed architect or engineer authorized to practice in this state must perform a visual examination of habitable and non-habitable areas of a building, including the major structural components of a building, and provide a qualitative assessment of the structural conditions of the building. If the architect or engineer finds no signs of substantial structural deterioration to any building components under visual examination, phase two of the inspection (discussed below) is not required. An architect or engineer who completes a phase one milestone inspection shall prepare and submit an inspection report.

(b) PHASE 2: A phase two of the milestone inspection must be performed if any substantial structural deterioration is identified during phase one. A phase two inspection may involve destructive or nondestructive testing at the inspector’s direction. The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress in order to confirm that the building is structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. An inspector who completes a phase two milestone inspection must prepare and submit an inspection report.

POST-MILESTONE INSPECTION REQUIREMENTS:

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 minimum, the material findings and recommendations in the inspection report to the condominium association or cooperative association, and to the building official of the local government which has jurisdiction. The inspection report must, at a minimum, meet all of the following criteria:

(a) Bear the seal and signature, or the electronic signature, of the licensed engineer or architect who performed the inspection.

(b) Indicate the manner and type of inspection forming the basis for the inspection report.

(c) 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.

(d) State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code, were observed.

(e) Recommend any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration.

(f) Identify and describe any items requiring further inspection.

LOCAL GOVERNMENT ENFORCEMENT:

A local enforcement agency may prescribe time lines and penalties with respect to compliance with the milestone inspection requirements.

A board of county commissioners may adopt an ordinance requiring that a condominium or cooperative association schedule or commence repairs for substantial structural deterioration within a specified time frame after the local enforcement agency receives a phase two inspection report; however, such repairs must be commenced within 365 days after receiving such report. If an association fails to submit proof to the local enforcement agency that repairs have been scheduled or have commenced for substantial structural deterioration identified in a phase two inspection report within the required time frame, the local enforcement agency must review and determine if the building is unsafe for human occupancy.

BOARD’S DUTY AFTER OBTAINING THE MILESTONE REPORT:

Upon completion of a phase one or phase two milestone inspection and receipt of the inspector-prepared summary of the inspection report from the architect or engineer who performed the inspection, the association must distribute a copy of the inspector-prepared summary of the inspection report to each unit owner, regardless of the findings or recommendations in the report, by United States mail or personal delivery and by electronic transmission to unit owners who previously consented to receive notice by electronic transmission; must post a copy of the inspector-prepared summary in a conspicuous place on the condominium or cooperative property; and must publish the full report and inspector-prepared summary on the association’s website, if the association is required to have a website.

WHO PAYS FOR THE MILESTONE INSPECTION:

Pursuant to section 718.112, Florida Statutes, if an association is required to have a milestone inspection performed, the association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance with all of the requirements thereof. The association is responsible for all costs associated with the inspection.

FAILURE TO OBTAIN THE MILESTONE INSPECTION:

If the officers or directors of an association willfully and knowingly fail to have a milestone inspection performed pursuant to section 553.899, Florida Statutes, such failure is a breach of the officers’ and directors’ fiduciary relationship to the unit owners.

MANAGER’S DUTY:

If a community association manager or a community association management firm has a contract with a community association that has a building on the association’s property that is subject to milestone inspection, the community association manager or the community association management firm must comply with the requirements of performing such inspection as directed by the board.

EXEMPTIONS:

For clarity, the otherwise required milestone inspection does not apply to a single family, two-family, or three-family dwelling with three or fewer habitable stories above ground.

FLORIDA BUILDING COMMISSION REQUIREMENTS:

The Florida Building Commission must review the milestone inspection requirements and make recommendations, if any, to the legislature to ensure inspections are sufficient to determine the structural integrity of a building. The commission must provide a written report of any recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 31, 2022.

The Florida Building Commission must consult with the State Fire Marshal to provide recommendations to the legislature for the adoption of comprehensive structural and life safety standards for maintaining and inspecting all types of buildings and structures in this state that are three stories or more in height. The commission must provide a written report of its recommendations to the Governor, the President of the Senate and the Speaker of the House of Representatives by December 31, 2023.

II. STRUCTURAL INTEGRITY RESERVE STUDIES AND MANDATORY RESERVES:

The reserve legislation set out in section 718.112 (f)(2)(a), Florida Statutes, is, for all intents and purposes, re-written. Prior to examining these most recent revisions, it is necessary to first examine the definitions set out in section 718.103, Florida Statutes, where a brand new term is added as follows:

Structural integrity reserve study means a study of the reserve funds required for future major repairs and replacement of the common areas based on a visual inspection of the common areas applicable to all condominiums and cooperative buildings 3 stories or higher.

Hereafter, the structural integrity reserve study is referred to as “SIRS”. Now we can turn our attention to the requirements of the SIRS as set out in section 718.112 (f)(2)(a), Florida Statutes

THE STRUCTURAL INTEGRITY RESERVE STUDY (required for all condominium and cooperative buildings three stories or higher regardless of date of certificate of occupancy):

An association must have a SIRS completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

a. Roof.

b. Load-bearing walls or other primary structural members.

c. Floor.

d. Foundation.

e. Fireproofing and fire protection systems.

f. Plumbing.

g. Electrical systems.

h. Waterproofing and exterior painting.

i. Windows.

j. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study.

The SIRS may be performed by any person qualified to perform such study. However, the visual inspection portion of the structural integrity reserve study MUST be performed by an engineer licensed under chapter 471 or an architect licensed under chapter 481.

As further set out in the legislation, at a minimum, “a structural integrity reserve study must identify the common areas being visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of the common areas being visually inspected, and provide a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each common area being visually inspected by the end of the estimated remaining useful life of each common area.”

The amount to be reserved for an item is determined by the association’s most recent structural integrity reserve study that must be completed by December 31, 2024. If the amount to be reserved for an item is not in the association’s initial or most recent structural integrity reserve study or the association has not completed a structural integrity reserve study, the amount must be computed using a formula based upon estimated remain useful life and estimated replacement cost or deferred maintenance expense of each reserve item.

If the condominium building is less than three stories then the legislation provides that, “in addition to annual operating expenses, the budget must include reserve accounts for capital expenditures and deferred maintenance. These accounts must include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000.”

The association may adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance.

If an association fails to complete a SIRS, such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners.

NON-WAIVABLE AND WAIVABLE RESERVES IN THE UNIT OWNER CONTROLLED ASSOCIATION:

As to the SIRS, the legislation is patently clear that unit owners may not vote for no reserves or lesser reserves for items set forth SIRS report. There is on-going debate amongst attorneys in regard to whether a condominium under three stories can waive or reduce reserves for any of the reserve items required to be in the SIRS that are included in the under three story condominium reserve, for example, roof and painting (For those interested, examine lines 1029 to 1033 and 1050 to 1071 in SB 4-D).

MANDATORY RESERVES IN THE DEVELOPER CONTROLLED ASSOCIATION:

Before turnover of control of an association by a developer to unit owners other than a developer pursuant to section 718.301, Florida Statutes, the developer-controlled association may not vote to waive the reserves or reduce the funding of the reserves (Previously, a developer could fully waive all reserves for the first two years, meaning this is a monumental change).

PRE-TURNOVER DEVELOPER DUTY:

Before a developer turns over control of an association to unit owners other than the developer, the developer must have a SIRS completed for each building on the condominium property that is three stories or higher in height.

III. OFFICIAL RECORDS:

Official records of the condominium and cooperative association include structural integrity reserve studies, financial reports of the association or condominium, and a copy of the inspection reports and any other inspection report relating to a structural or life safety inspection of condominium or cooperative property.

In addition to the right to inspect and copy the declaration, bylaws and rules renters have the right to inspect the milestone inspection report and structural integrity reserve study inspection reports as well.

Structural integrity reserve studies must be maintained for at least 15 years after the study is completed. In addition, inspection reports report and any other inspection report relating to a structural or life safety inspection of condominium property must be maintained for 15 years after receipt of such report.

IV. ASSOCIATION WEBSITES:

In addition to other positing requirements, the inspection reports described above and any other inspection report relating to a structural or life safety inspection of condominium property and the association’s most recent structural integrity reserve study must be posted to the website.

V. JURISDICTION OF DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES:

Pre-turnover, the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division) may enforce and ensure compliance with rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium units, and complaints related to the procedural completion of milestone inspections. After turnover has occurred, the Division has jurisdiction to investigate complaints related only to financial issues, elections, and the maintenance of and unit owner access to association records, and the procedural completion of structural integrity reserve studies.

VI. NEW REPORTING REQUIREMENTS FOR ALL CONDOMINIUM AND COOPERATIVE ASSOCIATIONS:

On or before January 1, 2023, condominium associations existing on or before July 1, 2022, must provide the following information to the Division in writing, by e-mail, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or e-mail address provided by the division and on a form posted on the division’s website:

The number of buildings on the condominium property that are three stories or higher in height.
The total number of units in all such buildings.
The addresses of all such buildings.
The counties in which all such buildings are located.

An association must provide an update in writing to the division if there are any changes to the information in the list within six months after the change.

VII. APPLICABLE TO ALL SELLERS OF UNITS:

As a part of the sales process, the seller of a condominium or cooperative unit and developers must provide to potential purchasers a copy of the inspector-prepared summary of the milestone inspection report and a copy of the association’s most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study.

VIII. GLITCHES:

As with any new legislation of such a substantial nature, there often follow in subsequent years what are referred to as “glitch bills” which help provide additional clarity, remove ambiguity, and fix unintended errors. To name a few: (i) the term “common areas” is used in the legislation when in fact the correct term is “common element;” (ii) clarity needs to be provided regarding whether reserve items that are required to be in SIRS, but show up in the under three story reserves, such as paint and paving, can be waived or reduced by the membership; and (iii) for those buildings that are within three miles of the coastline, additional clarity could be provided to provide better guidance as to how to perform the measurement.

Tags: Board of Directors, Condo and HOA Law, Reserves

Speed Up Your Holiday Package Intake by 80% with ImageR by Richard Worth Building Link

Posted: Dec 17, 2024
By: BuildingLink
Comments: 0

Speed Up Your Holiday Package Intake by 80% with ImageR

Twinkling lights, snowy nights, and trees adorned with festive ornaments and ribbons of yellow and gold. It’s beginning to look a lot like Christmas, which means only one thing for your front office staff: the holiday package invasion is here! Logging packages can take a long time. With all of Santa’s deliveries piling up, this can distract your team from providing your residents with the service they deserve.

When you’re ready to speed things up, ImageR is here to help. Our revolutionary smartphone-based and AI-powered package scanning function reduces the average time to enter packages from nearly one minute to less than eight seconds. With ImageR, your team will fly through delivery processing like Rudolph the night before Christmas. More than 3,600 properties worldwide are now processing about 800,000 packages a month with ImageR, and it can help make your front office operations far more efficient year-round as well.

How ImageR Works

Utilizing Image Recognition, AI, and Optical Character Recognition (OCR), ImageR turns any smartphone into a package processing powerhouse. Paired with BuildingLink’s GEO app (our iOS and Android app for management), any phone with a working camera can read labels, scan barcodes, and match resident names to packages. Beyond reading package information, it:

Determines the correct recipient
Matches the name in your building’s database
Confirms the unit number
Captures the correct event type (including the name of the delivery company)
Notifies the resident that the package has arrived

Meanwhile, residents can set their package notification preferences in their BuildingLink profiles and staff can send automated reminders when deliveries have been left an amount of time that you can customize. Our platform allows you to offer contactless pickup as well, a safe alternative to residents having to sign for packages.

How ImageR Helps Front Desk Teams Succeed

ImageR reduces the time to process packages by 80%, but its benefits go far beyond efficiency. Given its ease of use and direct integration into the BuildingLink database, ImageR lessens the likelihood of manual errors and missing packages. It can also be used anywhere, meaning your team no longer needs to be tied to a computer when they’re processing packages. With its automatic delivery notifications, your residents won’t have to wonder if their package has arrived.

ImageR Users Guide

If you already have the BuildingLink GEO app, you can access ImageR from the home screen. Tap the ImageR icon and your camera will open within the app, then point it at the shipping label and wait for the two-tone beep that plays only when you’ve logged the package successfully. Press save and you’ll be well on your way to processing the next delivery.

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