The new law lists categories which must be addressed in the milestone inspection and requires the association to distribute a copy of the milestone inspection report to all unit owners, even if the report indicates the building has a clean bill of health. Lastly, regardless of the height of the building, the statutes will now require a developer to provide a milestone inspection report at turnover even though the association is not required to obtain a future report where the building is less than three (3) stories. The effective date of the law is phased requiring buildings that received a CO before July 1, 1992, to complete the first milestone inspection by December 31, 2024. If the building is within three (3) miles of the coastline as that term is defined in Section 376.031 of the Florida Statutes, then it must be performed within twenty-five (25) years of the CO date. I do not imagine this is the result the Legislature intended for some of the States smaller condominium or cooperative buildings.Īs for the timelines for these milestone inspections, the inspections must be performed within thirty (30) years from the date of certificate of occupancy (“CO”) was issued for the condominium or cooperative building and every ten (10) years thereafter. Seemingly, a two-family or a three-family dwelling with either ground floor parking and three (3) habitable floors would be exempt as would a building with below ground parking and three (3) habitable floors. Even more perplexing is language in the new law which specifically states that the milestone inspection “does not apply to a single family, two-family or three-family dwelling with three or fewer habitable stories above ground.” (NOTE: the terms “two-family” or “three-family” are not defined anywhere in the new law). Interestingly enough, the Legislature failed to define “three (3) stories or more” and gave no indication as to whether all building floors (including for example any parking garage) would be counted or whether building floors which are located below ground or only those lying above ground would be counted. But the new Section 553.899 of the Florida Statutes will now set timelines for mandatory structural inspections for condominium and cooperative buildings requiring milestone inspections for buildings that are three (3) or more stories in height. For those who followed various iterations of the bills that were floating around the Florida Legislature earlier this Spring, you may recall there were versions of the bills which would only govern condominium or cooperative buildings more than three (3) stories and would not necessarily apply to buildings of three (3) stories or less. If a building is three (3) stories or more in height, a “milestone” inspection is required and must be performed by a licensed architect or engineer. Milestone inspections for condominium and cooperative buildings of three (3) stories or more.The following is an overview of the key points of the new law: The impetus for this legislation was the collapse of Champlain Tower South on June 24, 2021, in Surfside, Florida, where ninety-eight (98) inhabitants lost their lives. The Building Safety Act applies only to condominiums and cooperatives. The bill passed in the Senate on May 24 th, the House on May 25 th, and was signed into law by Governor DeSantis on May 26 th. In a very abbreviated Special Session in May of this year, the Florida Legislature unanimously passed the Senate Bill 4D, “Building Safety Act,” in less than 72 hours. The same now apparently applies to when the Florida Legislature is in Special Session. “No man’s life, liberty, or property are safe while the Legislature is in session” is a quote attributed to either Mark Twain or Gideon J.
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