Q: I read the articles summarizing the new law that addresses building safety for certain condominiums. In my condominium association, the owners are responsible for their windows, not the association. However, if I understand it correctly, the new law requires the association to reserve for window replacement. How will this requirement work in a community like mine where the owners are responsible for their windows?
A: Since SB 4-D became effective May 26, 2022, it has been a trending topic in condominium associations largely because the legislation results in sweeping changes to the condominium and cooperative statutes. The law not only requires certain condominiums and cooperatives to conduct milestone inspections, it also requires a “Structural Integrity Reserve Study” that must address: roofs; load bearing walls or other primary structural members; floors; foundations; fireproofing and fire protection systems; plumbing; electrical systems; waterproofing and exterior paint; windows; any other item which exceeds $10,000.00 in deferred maintenance cost and was identified by the engineer or architect performing the inspection portion of the Structural Integrity Reserve Study. Effective December 31, 2024, an association may not vote to waive or reduce reserves for the items listed in the Structural Integrity Reserve Study. [You can read a more detailed summary of the new statute in the July 16, 2022 column, “Summary of New Law Addressing Building Safety.”]
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