The impact of Surfside: How one tragedy rewrote Florida laws
When the Champlain Towers South condominium crumbled in Surfside in 2021, it exposed decades‑old gaps in Florida’s building‑safety oversight.
In 2022, lawmakers passed Senate Bill 4-D, also known as the milestone-inspection law. Key points include:
Mandatory structural reviews: Every condo of three or more stories must undergo a ‘milestone inspection’ by an architect or engineer 30 years after completion, or 25 years if it sits within three miles of the coastline, followed by re‑inspections every 10 years.
No more reserve waivers: Associations must fully fund reserves for major repairs. Board members who skip or defer funding face personal liability.
The new rules have already shuttered several condo towers for several years. One high‑profile case is Miami Beach’s Castle Beach Club condominum — in which the onsite spa (Russian & Turkish Baths) was forced to close for structural repairs in 2022.
The spa finally reopened after a three-year shutdown that kept portions of the 570-unit building off-limits and saddled owners with steep special assessments.
The U.S. Sun reports that the monthly dues tripled at Winter Park Woods near Orlando after the HOA board rushed to meet the new reserve rules under the law.
One condo owner’s monthly HOA fees jumped from $634 to more than $2,100. Some longtime owners were pushed toward foreclosure or fire‑sale listings.
State officials like Rep. Vicki Lopez, who sponsored the bill, insist the cost is worth it.
"We have strived to reach that delicate balance between the safety of our constituents that live in condominiums, as well as understanding the incredible financial impact that sometimes these particular bills that we pass have,” she told WESH News.
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Learn MoreWhat to do if you're evacuated for structural issues
While you can’t anticipate being forced to evacuate your home for structural reasons, it’s good to have a grounding in the steps to take to make the disruption easier to navigate.
Here's what to do if you're forced to leave your home:
- Get documentation. Get, in writing, the official word on why the building is off limits and how long engineers expect repairs to take. Under Florida’s condo law, the condo board must share safety findings with owners and tenants upon request.
- Call your insurance company. Next, contact your homeowners' insurance company. A standard condo policy often includes Loss‑of‑Use (Additional Living Expense) coverage to reimburse your hotel bills, short‑term rentals and even the cost of boarding pets while your unit is uninhabitable. Make sure to save receipts for boarding, hotel, and food, as your insurance may require these for reimbursement.
- Talk to your lender. Unfortunately, being evacuated from your condo won't halt your mortgage payments. Contact your lender and inquire about a short-term forbearance or other options that may help you cover the costs of alternative accommodations while repairs are being made. Depending on its policies, you may be able to skip a few months of payments and tack them on to the end of the mortgage term.
- Look for government assistance. Look for programs at the city or county level as federal support may be limited. For example, programs like FEMA generally won't help, as grants require the federal government to declare a disaster and typically exclude defects discovered before a collapse or storm.
- Document, document, document. If possible, request limited access to your condo to photograph valuables and gather documents, then back up those photos to the cloud. Insurers and lenders may demand proof of condition later. Keep every email, notice, and receipt related to the disruption in one folder — special assessments, hotel invoices, even Uber rides — because you will need those when you file insurance claims, request fee waivers or seek tax relief.
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