The June 2021 collapse of the Champlain Towers South in Surfside, Florida — which killed 98 people — fundamentally changed Florida condo law. In response, the Florida Legislature passed SB 4-D in May 2022, creating sweeping new structural inspection and reserve funding requirements for condominium buildings. If you're buying a Florida condo, understanding these laws is essential — they can significantly affect the cost of ownership and the financial health of the association you're joining.
The Milestone Structural Inspection Requirement
Under Florida law, all condominium buildings 3 stories or taller must undergo a "milestone structural inspection" when the building reaches 30 years of age (25 years for buildings within 3 miles of the coastline), and every 10 years thereafter. The inspection must be performed by a licensed Florida engineer or architect and consists of two phases: Phase 1 is a visual inspection of structural elements; Phase 2 is a more detailed investigation triggered if Phase 1 identifies substantial structural deterioration.
Structural Integrity Reserve Study (SIRS)
Beyond milestone inspections, Florida law now requires condo associations to complete a Structural Integrity Reserve Study (SIRS) for buildings 3 stories or taller. The SIRS calculates the remaining useful life and replacement cost for major structural components: roofing, load-bearing walls, floors, foundation, fireproofing, plumbing, electrical systems, windows, and more. The association must then fully fund reserves based on the SIRS findings — and unlike pre-2022 law, associations can no longer vote to waive or reduce structural reserve funding.
What This Means for Your HOA Fees
The reserve funding requirements are the most financially significant change for existing condo owners and buyers. Many Florida condo associations were chronically underfunded for reserves — some by millions of dollars — because owners voted annually to waive reserve contributions to keep fees low. Under the new law, full funding is mandatory. This has resulted in significant HOA fee increases (sometimes $500–$2,000+/month per unit) and large special assessments at associations that must catch up on deferred maintenance and reserve shortfalls.
Before Buying a Florida Condo
Florida law requires condo sellers to provide buyers with the association's most recent milestone inspection report (if applicable), the SIRS report, current reserve balances, and the association's most recent budget and financial statements. Review these documents carefully before signing anything. Key red flags: reserve balances far below SIRS-recommended levels, any Phase 2 milestone inspection findings, pending special assessments, deferred structural maintenance, and HOA fees that seem unusually low relative to building age and condition.
Special Assessments and Their Impact
Special assessments are one-time charges levied on all unit owners when the association needs funds beyond what's in reserves — for major repairs, milestone inspection remediation, or catch-up reserve funding. Special assessments can range from a few thousand dollars to tens of thousands per unit. Ask the seller about any known or anticipated special assessments before closing. Florida law requires the association to disclose pending special assessments, but "anticipated" ones that haven't been formally voted on may not be disclosed — ask directly and get it in writing.
Condo Buildings vs. Age
The milestone inspection requirements most immediately affect older buildings. If you're considering a condo built in the 1970s, 1980s, or even 1990s, the building may be due for or already undergoing inspection. Ask for the current status, any findings, and the estimated cost of remediation. Newer buildings (built after 2000, especially post-2004 when Florida building codes were significantly strengthened after Hurricane Charley) generally have better structural baselines to start from.
Lender and Insurance Implications
Fannie Mae and Freddie Mac updated their condo lending guidelines after Surfside to exclude financing for buildings with known structural issues, deferred maintenance, or inadequate reserve funding. If you're financing a condo purchase, your lender will require an HOA questionnaire confirming the building's compliance status. Some older condos with unresolved inspection issues may not qualify for conventional financing — a critical issue to check before making an offer.
What If the Building Fails Inspection?
If a Phase 2 milestone inspection finds substantial structural deterioration, the local building official must be notified. The building official can order repairs, restrict occupancy, or in extreme cases — as seen in several Florida buildings since 2022 — require evacuation until repairs are completed. Buying into a building with known inspection issues carries significant risk of forced evacuation, major special assessments, and potential loss of financing or insurability.
Need Help Navigating Florida Condo Purchases?
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