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December 14, 2022 Property and Casualty News
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Here's how condo inspections should work

Venice Gondolier Sun (FL)

The Nov. 13 60 Minutes television show was about Florida condos and co-ops. After the Surfside building collapse, our state legislature passed Statute 553.899 reducing the risk of further disasters.

Residential condo/co-op buildings three stories or higher must have a mandatory structural inspection every 30 years, and every 25 years if within three miles of the coast.

For buildings occupied "before July 1, 1992, the building's initial milestone inspection must be performed before December 31, 2024."

But those who wish to have the inspection done sooner than in two years may do so. The City of Venice Building Department will receive inspection reports now.

Milestone inspection reports must be performed, sealed and signed by a Florida licensed engineer or architect. Phase One is a visual inspection.

If needed, phase two might involve destructive or nondestructive testing, plus repair recommendations. Some see this as a gold mine opportunity for qualified structural professionals.

All condo/co-op owners receive a copy, for which their association must pay.

Florida Attorney Eric Glazer was interviewed on 60 Minutes. He trains and certifies condo and HOA Board members like me at the Tampa condo shows.

Glazer has a call-in show on radio station 850 AM WFTL Sunday mornings, 11 a.m., from West Palm Beach called "Condo Craze and HOAs."

Our condo owners watched it this week in our clubhouse on its YouTube channel. Last week's topic was "Who would be crazy enough to be on a Condo Board?"

Glazer said last week that Florida building permits are issued to general contractors who are responsible for the work.

They hire whom they like, but the building departments hold only the licensed contractor accountable for the work done to code. Glazer noted that engineers/architects hire others to do the actual mandatory structural inspection of the condos/co-ops.

I emailed Attorney Glazer that the statute is stricter, requiring the professional to "prepare" the report based on visual examination, not just issue it. We can expect the sealing person to be on the job and not just rubber stamp photos by employees or subcontractors.

The Florida Board of Professional Engineers requires us to pass ethics tests every two years when we renew our licenses. They can enforce abuse of clients by engineers who do not prepare the report as required.

Glazer discussed structural inspections this week. A caller spoke to several structural engineers who are busy with new construction.

They do not plan to offer inspection services, even though they are qualified. Liability insurance is the issue.

Normally, we engineers can seal a drawing and not worry about risk because we carry liability insurance. But the new law requiring mandatory structural inspections also requires fully funded repair reserves, with cost estimates prepared by the engineer/architect.

No longer can a board declare that the association has enough reserve for painting, roof, asphalt, etc. In two years, the condo/co-op needs reserve money for everything the engineer/architect determines, including electrical and plumbing.

If these cost estimates are off, the liability insurer will not happily pay. Liability insurance premiums are heading the way of homeowners' premiums, straight up.

This has nothing to do with hurricanes and needs common sense resolution. Offering $50,000 financing to unit owners like Miami is now doing is not the solution.

While inspection may be a cost burden to condo/co-op owners, apartment owners have an advantage over single family homeowners with bank mortgages who must have homeowners' insurance.

My condo insurance cost is split through the association for exterior claims and personal for interior claims. It does not matter if we have a mortgage.

My exterior insurance premium share paid through my quarterly fees is $1,000 per year. My personal interior insurance is $500 a year. Condo/co-op insurance savings should offset inspection costs.

And future buyers of my condo know repair reserves are in place unlike a single-family home.

My condo had a structural inspection performed as requested by our insurance company. We need not get another inspection until 2047. But we must keep our reserves robust.

We remain vigilant that our structure stays in good repair. We fared okay after Hurricane Ian, and we look forward to enjoying our building in safety, with pleasant surroundings and happy neighbors going forward.

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