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Local Condos Failing to Comply with New Milestone Inspections Law

Local Condos Failing to Comply with New Milestone Inspections Law

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.

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Is Pond and Lake Algae Bloom Dangerous? by SOLitude Lake Management.

Is Pond and Lake Algae Bloom Dangerous? by SOLitude Lake Management.

Warm weather often comes with an increase in algal blooms in our waterways. Algae is a nuisance – it can grow in slimy, smelly mats, create eyesores, and entangle swimmers and fishing hooks.

Rather than creating places to connect with neighbors, watch beautiful sunsets, and host fun activities, waterbodies containing nuisance algae growth can lead to nasty comments and complaints. But in worst-case scenarios, it may pose a danger to the community. 

Although most algae aren’t dangerous to our health, we must be mindful and diligent about limiting our exposure to certain types of algal blooms. Harmful Algal Blooms (HABs), also known as blue-green algae or cyanobacteria, are a very serious issue impacting the safety of our waterways. Exposure to HABs can be life-threatening for people, pets, and wildlife due to toxins they are capable of releasing.

However, the toxicity of an algal bloom cannot be confirmed with a visual inspection. Suspected HABs must be sampled and tested at a lab to confirm the species of algae present. Once the species is confirmed, a management plan can be implemented.

What does harmful algae look like?

Harmful algal blooms can look like blue or green paint spilled into the water. It may also appear as thick, puffy blue or green foam on the surface of the water, or as swirling colors beneath the surface of the water. HABs can also have distinct smells that have been described as grassy, fishy, or septic.

What should I do if I suspect the presence of harmful algae?

Here are four things to do – or not do! – if you see anything that looks like an HAB in your waterbody:

  1. Call a professional immediately: It is impossible to tell from a visual inspection whether an algal bloom is toxic. It must be appropriately sampled and tested.
  2. Avoid it: Do not swim or wade through blue-green algal scums. Do not boat, water ski, jet ski, or fish where algal scum is present. And certainly, don’t source drinking water where algal blooms are present!
  3. Keep pets out: Do not let your pets swim in or drink from the water. Toxic algae blooms can be fatal to dogs and other animals. Even short exposures to some HABs can be fatal.
  4. Take extra precautions: If you or your family members, including pets, have been in water with any algae present, always shower off with soap and clean water after swimming.

Keep Your Water Safe and Clean with Annual Management

Keeping your community safe and happy is an utmost priority – because safe, happy residents are more engaged with each other, pleased with community leadership, and proud of where they live. An annual management program is one of the best ways to maintain the safety and aesthetics of your waterbodies. When monitored and managed on a consistent basis, it’s possible to identify and get ahead of HABs or other water quality problems before community members are affected.

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Annual management programs are tailored to your specific needs, and may integrate an array of professional tools and strategies, including water quality testing, fountains and aeration, nutrient remediation, biological bacteria applications, shoreline management and restoration, bathymetric mapping, and mechanical solutions like mechanical hydro-raking or dredging. Contact your lake management professional to begin designing your custom annual management program.

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Not all Expenditures Can Be Collected from Delinquent Owners as Part of the Collection/Foreclosure Process – Why Not?

Not all Expenditures Can Be Collected from Delinquent Owners as Part of the Collection/Foreclosure Process – Why Not?

Not all Expenditures Can Be Collected from Delinquent Owners as Part of the Collection/Foreclosure Process – Why Not?

It is clear that Florida’s community association collection/foreclosure legislation allows associations to foreclose an owner’s home for nonpayment of assessments. However, not all of the monies expended by an association fit into the definition of an assessment. For example, let’s say that an association has a right to correct a deficiency on an owner’s lot, but the declaration of covenants at issue does not support converting the money spent into an assessment. In that event, the monies expended by the association would have to be recovered as part of a breach of contract action rather than as part of an assessment/foreclosure action. Sometimes, however, the declaration will provide that the monies expended can be treated as an assessment. If that is the case, then before those expenditures can be included as a part of the collection/foreclosure process, the board would need to convert the expenditure into an assessment against the noncomplying owner. (As to how that is done, you can discuss it with your community association’s attorney.) Florida’s collection/foreclosure legislation also provides for recovery of certain costs incidental to the collection/foreclosure process, but recovery of such cost must be rooted in a statute or by contract (i.e., the declaration of covenants).

Let’s look at the fee charged by a management company for sending the notice of late assessment letter, often referred as a NOLA letter, as required by Florida Statute, and determine whether it is a recoverable cost in an association’s collection/foreclosure action and whether including the NOLA fee as a part of the association’s collection/foreclosure proceedings violates the Federal Fair Debt Collection Practices Act (the Act).

The Act was passed into law because of abundant evidence of the use of abusive, deceptive, and unfair debt collection practices. It does not matter whether a debt collector used their best efforts to comply with the Act. Only strict compliance matters when it comes to the enforceability of the Act against a debt collector. Clearly, the association is not considered a “debt collector” pursuant to the Act and, for the most part, neither are management companies, with this caveat: the pendulum may swing in the future to the notion that management companies are, in fact, debt collectors. It seems that at least for the time being they are shielded from the Act. However, what is patently clear is that an attorney who provides collection/foreclosure services to assist their association clients with delinquent assessments is certainly considered a “debt collector.” Therefore, the attorney must be vigilant when reviewing the delinquent owner’s account ledger to ensure that the items set out in the ledger can lawfully be included in the association’s collection/foreclosure action. A recent case reminds us of this fact.

On February 4, 2025, in Glover v. Ocwen Loan Servicing, Case no. 23-12578 & 12579 (11th Cir. Fla. 2025), the 11th Circuit of the Federal Court of Appeals found that Ocwen as a debt collector violated the Fair Debt Collection Practices Act when it charged consumers an optional fee when making expedited mortgage payments because the loan servicer charged an amount that was not expressly authorized by the agreement creating the debt or permitted by law. The takeaway from this case is that a debt collector can only collect debts that are authorized by law or by contract with the debtor.

It was only several years ago that the Florida legislature enacted into law the requirement that an association assessment debtor must be provided the NOLA correspondence from the association providing the debtor a final opportunity to pay their delinquent assessment debt prior to turning the matter over to the association’s legal counsel to commence collection/foreclosure proceedings where fees and costs accrue against the debtor. See S. 718.121 and S. 720.3085, Fla. Stat.

Management companies are typically tasked with preparing and sending the NOLA letter on behalf of the associations they manage before turning the file over for collections to the association’s attorney. In this regard, a management company that is charging such a fee but has not amended its contract with the association to provide for charging the fee for the notice of late assessment would be wise to consider amending its contract with the association they represent to provide for this charge. Doing so would ensure that the management company, even though it may not be considered a “debt collector,” would have a solid basis for charging the fee because it would be based on a contractual obligation charged to the association. This is important because the NOLA, as mandated by Florida Statutes, does not at all provide for the recovery of a fee in regard to sending such a letter. So, while management companies may not be considered a “debt collector” today, this could change in any new case at any time. Why take the chance?

Now, let’s analyze whether the attorney who is collecting the past due assessment debts for the association can include the management company’s NOLA fee paid by the association to the management company in the collection/foreclosure action against a delinquent owner. Keep in mind, as we go through the analysis, that the “debt collector” (in this case, the attorney) can only collect debts authorized by contract or by law, and also remember that the relevant laws governing the NOLA letter do not provide for a specific cost recovery for the management company sending of the notice of late assessment letter. Thus, at a minimum, there should at least be a contractual obligation that the association pay the management company for sending the NOLA letter. But that may not always be the case even though it is the better practice.

Part and parcel with the collection/foreclosure process is the recording of an association assessment lien. To be valid, such a claim of lien must state the description of the parcel, the name of the record owner, the name and address of the association, the assessment amount due, and the due date. The claim of lien secures all unpaid assessments that are due and that may accrue subsequent to the recording of the claim of lien and before entry of a certificate of title, as well as interest, late charges, and reasonable costs and attorneys’ fees incurred by the association incident to the collection process.

So, while the relevant statutes do not provide for the association to be able to recover a fee for the sending of the NOLA letter, it certainly should be considered a “reasonable cost incurred by the association incident to the collection process,” most especially when the fee charged for sending the NOLA letter is a contractual obligation between the association and the management company.

There even exists an argument that, even if the management contract between the association and the management company does not provide that the association is responsible to pay the management company for the preparation and sending of the notice of late assessment, it is still considered a “reasonable cost”; but when you plug in the holding of the aforementioned case, the collection of the cost associated with the NOLA letter by the debt collector (i.e., the attorney representing the association), the better practice is to ensure that the contract between the management company and the association contains a provision that the association is responsible to pay the management company a reasonable fee for each such notice of late assessment letter sent.

Perhaps now you have a better understanding of why, at times, the association’s collection/foreclosure attorney cannot include a particular line item on the delinquent owner’s account ledger in the collection/foreclosure action. If you have any questions regarding the collection/foreclosure process, most especially which charges can and cannot be included, please be sure to discuss them with your association’s attorney.

 

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HOUSE BILL 913 – Part Three

HOUSE BILL 913 – Part Three

HOUSE BILL 913 – Part Three by Eric Glazer

This bill, filed by Representative Vicki Lopez is even bigger than I originally thought and is going to take up more than 3 blogs.  It is packed with many potential changes to Florida Statute 718.  It already has passed one House Committee and there may be no stopping it.

CONFLICTS OF INTEREST

It is a conflict of interest for any person who performs a structural integrity reserve study or a milestone inspection to provide or contract to provide services for the repair or replacement of the condominium property that was the subject of such structural integrity reserve study or milestone inspection, or to have a financial interest with the person or entity providing the repair or replacement services.

RECALLS

Rejection of a unit owner’s recall agreement under this section applies when the recall agreement:

a. was improperly served;

b. was executed by a person who was not a unit’s record  owner or designated voter;

c. was previously marked for the removal of any board member;

d. does not contain any markings that indicate the selection by a unit owner to either remove or retain a board member; or 

e. does not contain the signature of the unit owner.

3. there is a rebuttable presumption that a unit owner executing the recall agreement is the designated voter for the unit.

An association may not enforce a voting certificate requirement if the association has not enforced such requirement in all matters requiring the use of voting certificates in the year immediately preceding service of the recall agreement.

4. A rescission or revocation of a unit owner’s recall  agreement must be in writing and delivered to the association before the association is served with the written recall agreement. this subparagraph must be liberally construed to ensure a unit owner is not disenfranchised by an association in a recall and to prevent an association from failing to certify a recall agreement on a technical omission which is not a part in the discharge of the unit owner’s voting rights.

Even if your right to vote was suspended — you still have the right to vote in a recall.

HURRICANE PROTECTION

Unless otherwise provided in the declaration as originally recorded, or as amended, a unit owner is not responsible for the cost of any removal or reinstallation of hurricane protection, including exterior windows, doors, or other apertures, if its removal is necessary for the maintenance, repair, or replacement of other condominium property or association property for which the association is responsible.

The board shall determine if the removal or reinstallation of hurricane protection must be completed by the unit owner or the association if the declaration as originally recorded, or as amended, does not specify who is responsible for such costs. if such removal or reinstallation is completed by the association, the costs incurred by the association may not be charged to the unit owner. if such removal or reinstallation is completed by the unit owner, the association must reimburse the unit owner for the cost of the removal or reinstallation or the association must apply a credit toward future assessments in the amount of the unit owner’s cost to remove or reinstall the hurricane protection.

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

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

  • Posted: May 11, 2025
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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. 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. 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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Need a few reasons to digitize your paper-based engineering and architectural drawings? How about these?

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

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.
Call Us—561.372.1290
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2025 –THE BEGINNING OF MASSIVE CHANGES TO OUR CONDO COMMUNITIES

2025 –THE BEGINNING OF MASSIVE CHANGES TO OUR CONDO COMMUNITIES

 

There are certain years that are more defining than others. Certain years that stand out. Well, if you live in a Florida condominium, 2025 will be that year. To understand why, we have to pay respect to another year that stands out more than any other ever will, and that is 2021, the year the Champlain Towers collapsed in Surfside, Florida killing 98 innocent men, women and children.

 

As a result of 2021, and The Florida Legislature’s promise to Floridians that another Surfside will never happen again, massive legislation was passed requiring mandatory inspections, mandatory repairs, mandatory education for Board members and perhaps the most important and controversial new law, the requirement to fund reserves for your condominium that is 3 stories or taller, based upon a Structural Integrity Reserve Study that needed to be prepared by an architect, engineer or someone with CAI credentials and completed by December 31st, 2024.

 

If you didn’t do it yet —– you’re late and in violation of Florida law.

 

Think about this…….any condominium budget you will ever pass again must include mandatory reserves based upon the results of that structural integrity reserve study. Here’s the new law:

 

For a budget adopted on or after December 31, 2024, the members of a unit-owner-controlled association that must obtain a structural integrity reserve study may not determine to provide no reserves or less reserves than required by Your Structural Integrity Reserve Study.

 

Here’s what a structural integrity reserve study is and how often it must be performed:

 

(g) Structural integrity reserve study.—

1. A residential condominium association must have a structural integrity reserve study 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, as determined by the Florida Building Code, 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. Structure, including load-bearing walls and other

primary structural members and primary structural

systems as those terms are defined in s. 627.706.

c. Fireproofing and fire protection systems.

d. Plumbing.

e. Electrical systems.

f.  Waterproofing and exterior painting.

g. Windows and exterior doors.

h. 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 above items as determined

by the visual inspection portion of the structural

integrity reserve study.

 

Yes – for those condo associations that have ignored funding reserves for years or decades — your bill has come due. And it’s going to be expensive. For those of you who thought it was a bad idea to put away money for a rainy day because you might not be alive at that time —- I guess the bad news is —–YOU LIVED!

 

Which Sediment or Muck Removal Option Is Best for My Waterbody?

Which Sediment or Muck Removal Option Is Best for My Waterbody?

Virtually all explanations of dredging include the physical scooping up of underwater sand and clay sediments to enhance a merchant ship’s access to a port or waterway. If these waterways become inaccessible, the economic consequences are far-reaching.

Today, however, massive algal blooms, animal fatalities from toxic byproducts of algae, and the spread of invasive plants and animals are sharing the front-page news with national economic interests. For those of us living on a waterbody, it’s clear that our personal economic interests are rewarded via higher property values if the nearby water is both navigable and healthy. As a waterbody ages and becomes “silted-in,” organic nutrients fuel invasive plant and algae growth, and property owners suffer the consequences of bright green water, fish kills, and dangerous swimming conditions. Unfortunately, the solution to these rampant biological problems involves more than just scooping up the muck. Hence, we need to look at dredging options and aquatic management in a unified perspective.

Choosing the Dredging Tool for Your Waterbody

Fortunately, there are many proactive aquatic management solutions that can be implemented to help slow or prevent the aging of waterbodies, such as proper land use management, maintenance of beneficial vegetative buffers and sediment traps, installation of aeration systems, and utilization of nutrient absorbing products. However, when sediment buildup is too much to dock a boat or when aquatic plants and algae are perpetually out of control, you’ll need to call in a professional waterbody manager accompanied by a portfolio of dredging techniques.

There are several methods of sediment or muck removal: hydraulic dredging, clamshell or backhoe dredging, dry dredging, and hydro-raking. The chosen method will depend on a number of factors, including sediment composition, environmental sensitivity, the volume of materials removed, budget, and disposal considerations.

Which Dredging or Sediment Removal Option Is Best for My Waterbody?

Mechanical Dredging

Mechanical dredges (clamshell or backhoe dredgers) use buckets to scoop out bottom sediment and transfer it to trucks or barges for transport to disposal sites. Truck transportable mechanical dredges such as Aquamogs can remove small volumes of sediments such as shoals that prevent boater access to a lake, while large oceangoing dredgers are capable of digging to great depths to facilitate the new era of ultra–large container ships. In the case of the drawdown and excavation method (dry dredging), the whole waterbody is drained and sufficient shoreline access is needed for the trucking and hauling involved. However, most lakes cannot be emptied due to environmental concerns or high water tables.

Hydraulic Dredge

Hydraulic Dredging

Hydraulic dredges are the workhorse of the dredging industry and are effective in moving large volumes of organic and inorganic sediment. They work by sucking slurry (a mixture of sediment and water) from the bottom and then pumping it to an offshore location through a pipeline. Hydraulic dredges have almost continuous operating cycles, allowing the removal of large volumes of material in a short time while minimizing the resuspension of material into the water column due to their closed-cycle system of operation. Typically, this method is better suited for sediments with little debris mixed in, as large objects and rocks can damage the cutter and clog the pipeline. A large disposal area is also required.

Hydro-rake

Hydro-raking

Unlike the mechanical and hydraulic dredge, the hydro-rake cannot be used to remove sediment, however, it is an effective tool for accumulated muck removal. Hydro-raking is frequently chosen as a method to remove nuisance aquatic vegetation, root structures, debris, and organic muck on a smaller scale waterbody.  The hydro-rake can best be described as a floating barge upon which is mounted a backhoe with a digging bucket or rake capable of removing accumulated muck in water as shallow as 18 inches. Hydro-raking can effectively target organic muck accumulations and debris in coves, stormwater ponds, and other shallow areas. If a pond is periodically maintained through hydro-raking, the need to perform a large-scale dredging project may be eliminated, saving financial resources and minimizing ecological disruptions.

Paragraph 5 - Managing vegetation in and around - fountains and aeration

How to Maintain Balanced Water Quality

Dredging is generally thought of as an expensive activity, but both your waterbody can benefit significantly from just a few days of budget-friendly spot dredging at pump intakes, swimming areas, or around boat docks. However, the ultimate cost-savings approach is proactive management. By taking preventative steps to reduce erosion, limit weed and algae growth, and maintain balanced water quality, it’s possible to prolong the need for both dredging and hydro-raking. The best way to accomplish this is through an annual management program that leans on sustainable strategies like aeration, nutrient remediation, shoreline maintenance, and many other custom solutions to maintain a healthy, functional waterbody.

To learn more or navigate through a wide variety of sediment, aquatic plant, or algae removal options for your waterbody, we encourage you to speak with your lake or pond management professional.

DOWNLOAD A FREE INFORMATIVE GUIDE

 

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Florida’s brewing condo crisis as property values drop in once-coveted retirement haven

Florida’s brewing condo crisis as property values drop in once-coveted retirement haven

A slow-motion crisis is unfolding in Florida’s condo market, threatening to upend the state’s image as a haven for retirees and reasonably priced beach living.

Owners of the state’s older condos are bracing for steep special assessments, while racing to sell their homes and receiving only tepid buyer response.

Amid a property market that’s still vibrant for nearly every other segment, Florida’s aging condominiums are losing value. And nearly 1,400 buildings are now blacklisted from receiving mortgage financing, making those apartments an even-tougher sell.

Thousands of Florida condo units face special repair assessments which are making them difficult to sell — and causing them to lose value quickly. oldmn – stock.adobe.com
Thousands of Florida condo units face special repair assessments which are making them difficult to sell — and causing them to lose value quickly. oldmn – stock.adobe.com

At the heart of this turmoil is a basic reality: Florida’s aging condo buildings desperately need repairs, and state officials are forcing them to assess (and pay for) those long-overdue upgrades.

Under a law enacted after the tragic 2021 collapse of Champlain Towers South in Surfside, which saw 98 people lose their lives, condo boards may no longer defer major structural improvements to another day — or decade. The “Building Safety Act” required every condo tower in Florida aged 30 years or older to complete a structural integrity study by the end of 2024, to get a full grasp of what problems need fixing.

 

This year, the tab for those repairs comes due. Condo boards must now set aside funds to fix the issues found in those studies — from concrete restoration to balcony overhauls. And the assessments on individual condo owners are looking both pricey and unsettling.

“You’re going to see a massive reduction in the value of these buildings based on these giant special assessments and the work that has to be done,” said Orest Tomaselli, CEO of Strategic Inspections, which advises condo boards nationally on how to shore up their reserves.

In Florida buildings he’s worked with, Tomaselli has seen special assessments as low as $250 per month, to a property that levied $2,500 per month, per unit owner, for a three-year stretch.

The assessments result from inspection and repair mandates stemming from the 2021 Surfside building collapse that killed 98 people. AP
The assessments result from inspection and repair mandates stemming from the 2021 Surfside building collapse that killed 98 people. AP

“There are real people in these units that may be displaced,” Tomaselli said of the assessments, “that may lose their nest egg and may lose tremendous amounts of value in their units.”

”At Aventura’s Mediterranean Village, a waterfront condo complex with a marina out front, unit owners were hit with six-figure special assessments last year, some as high as $400,000, according to published reports.

 

At Miami’s Cricket Club, a 50-year-old waterfront tower burdened with $134,000 special assessments per condo, 23 of the building’s 217 condos are currently for sale, according to brokerage Compass. In a Miami market where the median condo price was $445,000 in the fourth quarter of last year, condos at the Cricket Club are seeking buyers with prices as low as $220,000 for a 1,950-square-foot two-bedroom on the 19th floor.  (The owner initially sought $330,000).

The Summit Towers in Hollywood, FL is facing a $56 million assessment. Google Maps
The Summit Towers in Hollywood, FL is facing a $56 million assessment. Google Maps

Meanwhile, at Summit Towers in Hollywood, a building-wide special assessment of $56 million led to the ousting of four board members in a January election, in favor of new members who promised “a more moderate approach” to building up reserves, said Amy Greenberg, a broker and resident of the building with several listings there.

“A lot of people moved here to be able to retire and live their life here, and they’re on fixed incomes,” said Kathleen DiBona, a 50-year resident of Hollywood who serves as president of the Hollywood Beach Civic Association. “They’re having a difficult time being able to manage all that’s coming and hitting them.”Many owners whom DiBona knows in Hollywood, a city dotted with older towers, are seeking to off-load units with little success. Others, she said, have dropped insurance coverage for their condos so they can manage to pay their special assessments.

Failure to pay these assessments will impact more than just the individual owners who can’t afford them. If 15% of unit owners in a building default, the entire property could become ineligible for mortgage financing, according to Tomaselli of Strategic Inspections.

“What happens if nobody can get a loan to buy a unit in your building?” says Joseph Hernandez, a Miami-based partner in the real estate group of law firm Bilzin Sumberg. “It essentially makes the units in your building unsaleable and it makes the value of those units go down.

“We may see a lot of condo projects go into distress.”

Some could already be getting close. In February, Fannie Mae, the national mortgage finance agency, updated its running list of “unavailable” US condo buildings, meaning they are no longer eligible for mortgage financing. Of the 4,885 buildings currently on the list, 29% are located in Florida, the highest share of any state. The top reason: “critical repairs or deferred maintenance,” according to a person familiar with the roster.

One newly flagged example is 4000 Island Blvd., a 32-story condominium in Aventura’s exclusive Williams Island, which was built in 1985 and added to Fannie Mae’s no-lending list in January. At least 24 unit owners are trying to sell, according to Compass. Barry Sytner, the condo board’s president, called the building’s inclusion on Fannie Mae’s list “incorrect,” noting that the property just secured a bank loan commitment to cover expenses tied to its 40-year inspection.

There are roughly 1.1 million condo units in Florida that are 30 years old or more, and subject to the new law, according to the Florida Policy Project. Of those, 58% are concentrated along the Southwest and Southeast coastal counties, in places like Tampa, Clearwater and the greater Miami metro area, including Fort Lauderdale and Palm Beach County.

Around two dozen condos are up for sale in this Aventura, FL condo building, according to reports. miamiresidence.com
Around two dozen condos are up for sale in this Aventura, FL condo building, according to reports. miamiresidence.com

That means the law’s reach extends to more than half of all condo owners in Florida’s famed retirement enclaves. According to brokerage ISG World, apartments that are over 30 years old accounted for 86% of all Southeast Florida condo listings in the fourth quarter of 2024 — a total of  17,198 properties for sale across Miami-Dade, Broward and Palm Beach counties.

Yet even as thousands of newcomers flock to the region, these abundant and discounted units are languishing on the market, weighed down by the threat of special assessments and uncertainty over looming repair costs.

“The fear of the unknown is scaring the hell out of potential buyers,” said Craig Studnicky, ISG’s chief executive officer.

“Remember that show, ‘Let’s Make a Deal?’ ” Studnicky said. “They may get a special assessment and it could be quite modest, which means you just made one hell of a deal. But what if you’re wrong, and the special assessment is gargantuan?  Not only is the special assessment big, but the scope of construction is big, and you’re going to be living in a construction site for the next two years.”

The full extent of special assessments is still an open question for many Florida properties. While the state deadline for condos to submit their structural integrity studies was on Dec. 31, only 39% of buildings in Southeast Florida have done so, according to the Miami Association of Realtors.

Some of that’s because engineers were simply not available, amid a statewide rush to get these studies completed. Others could be gambling that enforcement won’t be robust or swift, said Peter Zalewski, a Miami-based broker, analyst and condo investment consultant.

“You’re going to see a massive reduction in the value of these buildings based on these giant special assessments and the work that has to be done,” said Orest Tomaselli, CEO of Strategic Inspections.
“You’re going to see a massive reduction in the value of these buildings based on these giant special assessments and the work that has to be done,” said Orest Tomaselli, CEO of Strategic Inspections.

“You have buildings that are shopping for studies, because maybe they’re coming in too high, and maybe they can find someone who can lowball it,” Zalewski said.

“People are figuring out what to do,” Zalewski added. “They think there will be a silver bullet, some kind of cure in the upcoming Florida legislative session” amid outcry from condo owners

The state legislature, which convenes its 2025 session March 4, has no plans to bail out condos or offer reprieve from the deadlines to fund repairs, Florida legislative leaders said at a condo conference last month held by Miami Realtors, according to Homes.com.

“A lot of people moved here to be able to retire and live their life here, and they’re on fixed incomes,” said Kathleen DiBona. Courtesy of Kathleen DiBona
“A lot of people moved here to be able to retire and live their life here, and they’re on fixed incomes,” said Kathleen DiBona. Courtesy of Kathleen DiBona

Lawmakers, however, might consider financing solutions to help condos cover the cost of structural studies and maintenance, including allowing reserve funds they set aside to be invested.

Despite some maintenance challenges, Florida’s older condos still reflect the only affordable opportunity at homeownership for those who can’t swing the price tags of Miami’s new crop of ultra-luxury developments, says Scott Diffenderfer, a Miami-Beach-based broker for Compass who specializes in sales of older units.

He says he’s pretty upfront with potential buyers these days about the scope and costs of repair that some of his listings will undergo.

Brokers view the new regulations and mandatory repairs as a necessary correction to Florida’s once-lax condo standards, Diffenderfer explained.

Previously, buyers had little insight into a building’s true condition — much like purchasing a used car without a Carfax report.

Now, with stricter enforcement requiring proper reserves and full disclosure of maintenance history, brokers say the condo market could become more transparent and ultimately unlock greater value for owners.

“For probably 75% of the buildings in South Florida, when the dust settles, people are going to say, ‘You know what? That was painful. But look at these buildings!’ ” Studnicky said. “They’re in great shape.”

We see our members for the past years the ones being called upon by condo Boards to help them navagate the waters for inspections, Boards tell us SFPMA Directory is one place they find the most help, top companies giving them the honest assessments for Owners.

 

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Update: what happens if condos dont get the florida inspection. sfpma.com

Update: what happens if condos dont get the florida inspection. sfpma.com

What happens if condos dont get the florida inspection?
If a condo in Florida does not undergo the required inspection, the condo association could face significant consequences including: difficulty obtaining insurance renewals, increased insurance premiums, potential legal action from owners, inability to sell units easily due to disclosure requirements, and may be forced to levy special assessments on owners to cover necessary repairs identified in the inspection if they are not completed, potentially leading to financial strain for residents; ultimately, if structural issues are severe, the building could be deemed unsafe for occupancy by local authorities.
Key points about Florida condo inspections:
  • New legislation:

    Florida enacted strict laws requiring regular structural inspections for condos, particularly older buildings, following the tragic Champlain Towers collapse in Surfside.

  • Consequences of non-compliance:

    Condo associations that fail to get inspections done could face penalties, including difficulty securing insurance, higher insurance costs, and potential legal action from unit owners.

  • Disclosure requirements:

    Inspection reports must be disclosed to potential buyers, making it difficult to sell units if the building has not been inspected and repairs are needed.

  • Reserve funds:
    Inspections are often tied to the need to build up sufficient reserve funds to cover necessary repairs identified in the inspection
Update Jan, 13, 25
What is the new law for condo inspection in Florida?
Under the laws, all buildings occupied before 1992 must complete a milestone inspection by Dec.31, 2024. This is an examination of the building’s structural integrity by an architect or engineer. The requirement also applies to buildings at least 25 years old that are within 3 miles of the coast

In Florida, if your condo association fails to get a required “milestone inspection” done by the deadline, they could face legal consequences, including potential fines and penalties, as the law mandates these inspections for structural integrity, particularly for buildings reaching 30 years old and every 10 years thereafter; however, if you are actively trying to schedule the inspection and encounter delays due to factors like a backlog of engineers, you might be able to demonstrate “good faith effort” to avoid severe repercussions. 

Key points about Florida condo inspections and missed deadlines:
  • Milestone Inspection Requirement:

    Florida law requires most condominium buildings to undergo a comprehensive “milestone inspection” once they reach 30 years old and then every 10 years after that. 

  • Potential Consequences:

    If the inspection is not completed on time, the condo association could face penalties or legal action from the state or unit owners. 

  • “Good Faith Effort” Defense:

    If the association can demonstrate they were actively trying to schedule the inspection and encountered unavoidable delays (like a shortage of qualified engineers), they might be able to avoid severe penalties. 

  • What to do if you miss the deadline:
    • Contact the condo association: Immediately reach out to the association board to understand the situation and discuss next steps. 
    • Review the inspection requirements: Ensure the association is aware of the specific deadlines and necessary steps for the milestone inspection. 

    • SB 4-D increases the safety of Florida’s condominiums by requiring inspections for all condominiums and cooperative buildings that are three stories or higher. SB 4-D requires the following for condominiums and cooperatives:

      • Condominiums and cooperatives must conduct a Structural Integrity Reserve Study (SIRS) for buildings that are three stories or higher to ensure that necessary funding is available for any future structural repairs that may be needed. This study must be completed at least every 10 years after the condominium’s creation, regardless of the condominium’s age.
      • Structural milestone inspections are required for condominium and cooperative buildings of a certain age, depending on their distance from the coastline.
      • To increase transparency and accountability, all structural inspection reports and reserve studies are required to be part of the condominium association’s’ official record and must be provided to potential purchasers of a condo unit.Consult legal advice: If there are concerns about potential legal issues, consider seeking advice from a legal professional specializing in Florida condominium law.

       

What is Senate Bill 4-D?  -Some background:

SB 4-D increases the safety of Florida’s condominiums by requiring inspections for all condominiums and cooperative buildings that are three stories or higher. SB 4-D requires the following for condominiums and cooperatives:

  • Condominiums and cooperatives must conduct a Structural Integrity Reserve Study (SIRS) for buildings that are three stories or higher to ensure that necessary funding is available for any future structural repairs that may be needed. This study must be completed at least every 10 years after the condominium’s creation, regardless of the condominium’s age.
  • Structural milestone inspections are required for condominium and cooperative buildings of a certain age, depending on their distance from the coastline.
  • To increase transparency and accountability, all structural inspection reports and reserve studies are required to be part of the condominium association’s’ official record and must be provided to potential purchasers of a condo unit.

 

What is Senate Bill 154?

SB 154 revised the requirement for condominiums to collect reserves and allows a majority of voting residents to elect not to provide reserves or to provide less reserves than required. However, this legislation prohibits waiving or reducing reserve funding for repairs and maintenance of structural components identified in the SIRS.

Additionally, SB 154 refined the requirements of the SIRS to provide clarification on the items required in a SIRS and expanded who can perform a SIRS.

SB 154 allowed a specific type of condominium (multi-condominium with 25 condominiums or more) to provide no reserves or less reserves than required if an alternative funding method was approved by the Division of Condominiums, Timeshares, and Mobile Homes. The Division received funding to contract with a third-party to review alternative funding methods submitted to the Division for review and approval.

 

What is House Bill 1021?

HB 1021 increases transparency and accountability through changes to meeting requirements, voting, education for condominium directors, recordkeeping and reporting, and support from the Florida Department of Business and Professional Regulation (DBPR). Additionally, HB 1021 introduced criminal penalties for board members who act in bad faith, increased DBPR’s ability to address resident complaints through investigations, and established a criminal referral process to streamline accountability for individuals that have engaged in criminal activity.

What types of buildings or structures are excluded from the Structural Integrity Reserve study (SIRS) requirements?

The SIRS requirements do not apply to buildings less than three stories in height; single-family, two-family, or three family dwellings with three or fewer habitable stories above ground; any portion or component of a building that has not been submitted to the condominium form of ownership; or any portion or component of a building that is maintained by a party other than the association.

Who is required to do a Structural Integrity Reserve study (SIRS)?

A residential condominium association must complete a SIRS for every building in the condominium that is three stories or higher, as determined by the Florida Building Code.

When is the Structural Integrity Reserve study (SIRS) due, and how often does my association need to complete a SIRS?

Unit owner-controlled associations existing on or before July 1, 2022, must have a SIRS completed by December 31, 2024. A residential condominium must have a SIRS completed at least every 10 years after the condominium’s creation.

The deadline to complete a SIRS is December 31, 2024. When does my association have to start reserving for a SIRS?

If your budget is adopted on or before December 31, 2024, you may vote to waive or provide less than the required SIRS reserves with a majority vote of the total voting interest of the association. You will need to begin funding your SIRS reserves in accordance with the reserve study January 1, 2026.

If your budget is adopted on or after January 1, 2025, you may not waive your SIRS reserves and need to begin funding your SIRS reserves in accordance with the reserve study.

When does my association have to report to the SIRS?

Within 45 days after receiving the SIRS, the association must provide the division with a statement indicating the study was completed and provided to the unit owners.

Can a milestone inspection or inspection for a similar local requirement, such as a re-certification inspection, substitute a SIRS visual inspection?

An association that is required to complete a MI in accordance with section 553.899, Florida Statutes, on or before December 31, 2026, may complete the SIRS simultaneously with the milestone inspection (MI). However, in no event may the SIRS be completed after December 31, 2026.

If the MI required by section 553.899, Florida Statutes, or an inspection completed for a similar local requirement, was performed within the past 5 years and meets the SIRS requirements, such inspection may be used in place of the visual inspection portion of the SIRS.

What is the difference between a milestone inspection and a SIRS?

A milestone inspection is a structural inspection of the building, including the load-bearing elements.

A SIRS is based off a visual inspection of the items required in s. 718.112(2)(g), F.S. and is a budget planning tool that identifies components of a condominium that are the responsibility of the association to maintain and replace and includes a plan to fund future maintenance and repairs.