Florida legislature has passed bill SB-4D, making it mandatory for all three stories and higher buildings to go through periodic milestone inspections Daytona to check the structural integrity of the buildings and has modified Florida Statutes Chapters 553, 718, 719 and 720.
The Bill established a statewide structural inspection program, requiring Condominium and Cooperative Associations to conduct Milestone Structural Inspections of their buildings and to perform Structural Integrity Reserve Studies in order to ensure that Condominium and Cooperative buildings are safe for continued use.
A Milestone Condominium Inspection is a structural inspection performed by licensed engineers like EMA Structural Forensic Engineers of a building conducted for the purposes of determining a buildings’ life safety and structural component integrity or adequacy. A Milestone Structural Inspection must be performed by a licensed engineer or licensed architect.
An Association is required to perform a Milestone Structural Inspection for each building within its community that is three (3) or more stories high. This inspection must occur by December 31 of the year in which the building turns thirty (30) years old and must be conducted every ten (10) years thereafter.
For Condominiums located within three (3) miles of the coastline, each building within the community that is three (3) or more stories high, must be inspected by December 31 of the year in which the building turns twenty-five (25) years old, and then subsequently every ten (10) years thereafter.
If an Association is older than thirty (30) years old (e.g. the building’s certificate of occupancy was issued on or before July 1, 1992), the Association must conduct a Milestone Structural Inspection of the buildings within its community before December 31, 2024. The Association is responsible for all costs associated with performing a Milestone Structural Inspection. The Milestone Structural Inspection Report is an official record of the Association. The Report must be maintained by the Association for fifteen (15) years. A Tenant of a Unit has a right to inspect an Association’s Milestone Structural Inspection Report, and a prospective purchaser of a Unit has a right to inspect an Association’s Summary of the Report.
A Structural Integrity Reserve Study for a condominium structural milestone inspections phase one done by licensed engineers is a study of an Association’s reserve funds which are designated for future major repairs and replacements of the Common Areas. The Structural Integrity Reserve Study must consist of a visual inspection of the Common Areas by a licensed engineer or licensed architect and has several required components identified in the new bill.
An Association must have a Structural Integrity Reserve Study completed every ten (10) years, with the initial Structural Integrity Reserve Study by December 31, 2024. As of December 31, 2024, an Association may no longer refuse to fund (may not waive) or underfund the reserves for items required to be included in a Structural Integrity Reserve Study. Furthermore, as of December 31, 2024, for items required to be included in a Structural Integrity Reserve Study, an Association may no longer use those itemized reserve funds (or any interest accruing thereon) for other purposes, and an Association may only use those itemized reserve funds for their designated purposes.
A Structural Integrity Reserve Study is an official record of the Association, which must be maintained by the Association for fifteen (15) years. A prospective purchaser of a Unit has the right to inspect an Association’s most recent Structural Integrity Reserve Study. If an Association has not completed a Structural Integrity Reserve Study, the prospective purchaser of a Unit is entitled to a statement stating that the Association has not completed the Study. When a building in Miami-Dade or Broward county celebrates its 40th birthday, it must be recertified by an engineer or architect to ensure its structural and electrical safety (after the 40-year mark, buildings must also be recertified every ten years thereafter).
When a building becomes 25 year or older, county or city code compliance officials send a Notice of Required Inspection to the property owner. Recertification dates are based on the anniversary of the original Building or Structure’s Certificate of Occupancy.
Property owners have 90 days from the date of notification to have the property properly inspected. The outcome of the inspection will determine if the property will be recertified for another 10 years or if improvements need to be made before the recertification is granted. If repairs or improvements are needed, owners are given another 60 days to complete them.
Non-compliance with the inspection notice or not completing required repairs can result in penalties.
Condominium Structural Inspections must be performed by licensed architects or engineers. These experts look at many aspects of the buildings foundational and electrical systems, including foundation, roofing systems, masonry bearing walls, steel frames, flooring, concrete framing systems, windows, wood framing, loading, electrical service, branch circuits, conduit raceways, and emergency lighting.
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