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January 31, 2024 Property and Casualty News
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Here's how certain Florida condos need to be inspected

Venice Gondolier Sun (FL)

Residential condominiums three or more stories high —called Condo 3s — must now manage their reserve funds per Senate Bill 154.

Condo 3s more than 10 years old may not say, "We don't need reserve dollars for future repairs!" The new law mandates that 30-year-old condo 3s must have a structural inspection. Condo 3s over 10 years old need a Structural Integrity Reserve Study, referred to as a SIRS.

The SB 154 goal is to avoid another Surfside condo collapse that killed 98 people 31 months ago because of a design change and inadequate concrete maintenance.

I wrote a Venice Gondolier editorial column in 2022 entitled "Here is how condo inspections should work." Attorney and government experts motivated me to write an online course to teach Florida Professional Engineers on how to conduct Phase 1 & 2 mandatory structural inspections.

Two-hundred-forty PE's took my webinar and course: Florida's Mandatory Structural Inspections. Thank you, catalyst Venice Gondolier.

The City of Venice just mailed notices to all qualifying condo boards that they may begin to hire PEs or architects, etc. to conduct the necessary inspections. In July, another letter will be sent starting the six-month clock for completion by year end for the 2025 budget year.

With very few architects participating because they are busy with new construction design work, PE's like me do most inspections. I submit my Phase 1 reports to Venice Building Official Derek Applegate.

The other requirement that ties into the PE's structural inspection is the visual inspection by a PE, etc. of eight state-mandated SIRS categories.

The statute does not require the PE to prepare the entire SIRS. The condo association usually has an existing reserves spreadsheet with line items such as concrete restoration, laundry equipment, pool, roof, fire sprinkler, etc.

Many condos have money in the bank for an emergency or necessary restoration.

SB 154 requires that the SIRS must be prepared by any qualified person (such as a board treasurer or outside consultant or community association manager or condo owner finance committee chairperson). No special license is needed.

But the visual inspection portion for the SIRS must be by a PE, etc. The requirement is for the PE to inspect and report, but not say how much the board should budget for reserves.

If the PE finds useful life of 25 years or more for an item, then the person preparing the SIRS could budget zero for that item category. If the PE notes that concrete is deteriorated and seriously failing, then the SIRS preparer would have many condo owners' and attorneys' eyes watching if no repair reserves are budgeted.

The law says to inspect: 1. Roof, 2. Load Bearing Structure, 3. Fireproofing/Fire Protection, 4. Plumbing, 5. Electrical Systems, 6. Waterproofing/Exterior Painting, 7. Window/Exterior Doors, 8. Items exceeding $10,000 that impact any above item.

Swimming pools and elevators are not included. If each owner is responsible for their own doors, then the only doors needing SIRS attention would be within the condo 3 structure such as at a clubhouse or restroom.

Nothing in a separate low-rise clubhouse must be visually inspected by the PE.

The SIRS preparer could fund reserves for extra items, beyond the SIRS statute. Routine maintenance budgets need not tap into reserves. And special assessments can be levied for unforeseen expenses such as Hurricane Ian repairs.

But condo owners prefer tapping into reserves rather than paying unexpected special assessments.

Pavement resurfacing must also be reserved. The SIRS needs the eight items visually inspected by a PE, plus pavement resurfacing and many have other items, too.

By requiring PE's to perform only the minimal visual inspection needed for the eight categories, boards can save engineering fees and easily apply the savings to increases in insurance premiums.

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