The passage of SB 4-D during the Florida Legislature’s Special Session in May, 2022, requires significant changes for thousands of Florida multifamily communities. These changes include mandated engineering inspections and reports, new structural integrity reserve studies and non-waivable, full funding of certain reserves.
This webpage is intended to be a resource for your community as you adjust to these important changes in the law.
PLEASE NOTE: We are providing the information on this page for general informational purposes only.
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The Building Report Form
The Florida Division of Florida Condominiums, Cooperatives and Timeshares has posted the form (which they have titled Building Report) which must be submitted by all Florida condominiums and cooperative associations with buildings that are three stories or higher.
This information must be submitted ON OR BEFORE January 1, 2023.
This program is not eligible for CEU credit or certificate of completion.
SB 4D includes significant obligations relating to building inspections and reserve funding and boards are required to comply with the 2022 law by the statutory deadlines. Yet SB 4D is somewhat complicated and will need to be studied, digested and fully understood.
Join Becker attorneys, Donna DiMaggio Berger, Steven Mezer, and Robert Caves for a panel discussion that will address these nuanced issues and answer directors’ and managers’ questions including:
- We had an engineering report performed in the last two years. Will this count as our milestone inspection?
- Can members still waive reserves for painting and paving?
- Can we no longer have pooled reserves?
- What if the reserve company we have doesn’t have an engineer or architect on staff?
- We have a monetary cap in our governing documents on how much we can increase our budget. What now?
- What if all these costs increase our assessments by more than 15% of the prior year’s assessments?
- What if our members simply cannot pay to fund these new reserves or the repairs outlined in the Milestone Inspection?
- What are the potential penalties under this 2022 law for being in breach of one’s fiduciary duties?
This is the first in a series of programs Becker will host on this important topic. We will break it down into several components and bring in the foremost industry experts to help associations comply with the 2022 law by the statutory deadlines.
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.”
In addition to imposing new requirements for structural inspections for buildings of 3 stories or more in height, and significantly changing the reserve laws, the new law also creates new reporting requirements for condominium and cooperative associations.
The law requires that every condominium or cooperative association report specific information to the Division of Florida Condominiums, Timeshares, and Mobile Homes, no later than January 1, 2023. The information must be reported to the Division on “a form posted on the Division’s website.” The Division has now posted that form on its website.
The law is being phased in by requiring buildings that received a CO before July 1, 1992, to complete the first milestone inspection by December 31, 2024. The new law requires the “local enforcement agency,” presumably the local building department, to send notice to associations of the milestone inspection requirement. The association then has 180 days to perform a “Phase 1” inspection. It is unclear if the local building departments can accelerate the December 31, 2024 deadline.
The Florida Division of Florida Condominiums, Cooperatives and Timeshares has just posted the form (which they have titled Building Report) which must be submitted by all Florida condominiums and cooperative associations with buildings that are three stories or higher. This information must be submitted ON OR BEFORE January 1, 2023.
Already a client of Becker & Poliakoff? If so, please contact your Becker attorney directly.
If your Association is not a client of the Firm, would you like information about becoming a client of Becker & Poliakoff? If so, please let us know the name and location of your community and contact information.