Florida condo rules after Surfside

What changed after the Surfside collapse?

Short answer: three laws changed how Florida condos are inspected and funded: SB 4-D in 2022, SB 154 in 2023 and HB 913 in 2025, with more rules on boards and records from HB 1021 in 2024.

• SB 4-D (effective May 26, 2022) created milestone inspections, created the SIRS, and ended reserve waivers for structural items from December 31, 2024.
• SB 154 (effective June 9, 2023) fixed many details: which buildings need inspections, when, and who can do the SIRS.
• HB 1021 (most parts effective July 1, 2024) added training for board members, crimes for hiding records, and a website for associations with 25 or more units from January 1, 2026.
• HB 913 (most parts effective July 1, 2025) gave more time for the first SIRS, allowed a short pause in reserve payments in some cases, allowed loans and lines of credit to fund reserves, and gave resale buyers more days to cancel.

The 2026 session did not change these rules in a real way. Two 2026 bills on condos died in committee, and the 2026 laws that touch these sections only fix cross-references.

What is a milestone inspection?

Short answer: a structural inspection of a condo or co-op building of 3 or more habitable stories, due by December 31 of the year the building turns 30, and every 10 years after that.

The rules in Florida Statutes 553.899:

• When. By December 31 of the year the building reaches 30 years from its certificate of occupancy, then every 10 years. The local building official can require it at 25 years because of local conditions, such as being close to salt water.
• Older buildings. Buildings that turned 30 before July 1, 2022 had to finish their first inspection before December 31, 2024.
• Phase 1. A licensed architect or engineer does a visual inspection. The association has 180 days after the local notice to finish it.
• Phase 2. Only if Phase 1 finds substantial structural deterioration. It includes testing and a repair plan.
• Repairs. When Phase 2 finds problems, repairs must start within 365 days after the association receives the report.
• Owners are told. Within 45 days after receiving the report, the association must send a summary to every owner, post it in the building, and put the report on its website if it must have one.

How do Miami-Dade and Broward handle building inspections?

Short answer: both counties had their own recertification rules before Surfside, and both now start inspections earlier than they used to.

• Miami-Dade: buildings enter the county recertification program at 30 years and every 10 years after that. The county gives owners 90 days from its notice to file the report, which is shorter than the state's 180 days. You can look up a building's status online with the county's recertification search.
• Broward: since August 9, 2024, the county's Board of Rules and Appeals policy starts safety inspections when buildings reach 25 years and then every 10 years. It covers buildings of 3,500 sq ft or more, not only condos.
• Palm Beach: the state milestone rules apply. Ask the city's building department about the building's inspection record.

What is a structural integrity reserve study (SIRS)?

Short answer: a study of the building's main parts that says how long each part will last, what it will cost to replace, and how much the association must save each year.

A SIRS is required for condo buildings of 3 or more habitable stories, at least every 10 years. It must be done or verified by a licensed engineer, a licensed architect, or a certified reserve specialist. It covers:

1. Roof.
2. Structure, including load-bearing walls and primary structural members.
3. Fireproofing and fire protection systems.
4. Plumbing.
5. Electrical systems.
6. Waterproofing and exterior painting.
7. Windows and exterior doors.
8. Any other item over $25,000 (adjusted for inflation; $25,675 for 2026) whose failure would harm the items above.

The study must include a funding plan. The first SIRS was due by December 31, 2025 for most existing buildings (extended from December 31, 2024 by HB 913), or by December 31, 2026 at the latest when done together with a milestone inspection due by then. The association must send the study to owners, or tell them it is available, within 45 days, and report it to the state. The state publishes a list of associations that have filed their SIRS.

Can a condo still skip its reserves?

Short answer: not for the structural items in the SIRS. For budgets adopted on or after December 31, 2024, owners in buildings that need a SIRS cannot vote to fund less than the study requires for those items.

Owners can still vote, by a majority of all voting interests, to waive or reduce reserves for other items, such as a pool or a lobby. Buildings under 3 stories do not need a SIRS, so those buildings can still waive reserves by that vote.

HB 913 added two kinds of relief:

• Pause after a milestone inspection. For budgets adopted on or before December 31, 2028, if the association completed a milestone inspection in the last 2 calendar years, the board, with approval of a majority of all voting interests, can pause reserve payments for up to 2 yearly budgets, to pay for the repairs the inspection found. A new SIRS is needed before payments start again.
• Other ways to fund. Reserves can now be funded by regular fees, special assessments, lines of credit or loans. A special assessment, line of credit or loan for this purpose needs a majority vote of all voting interests.

How do these rules affect my HOA fee?

Short answer: in many older buildings, fully funded reserves and required repairs mean higher monthly fees, special assessments, or both. New buildings must plan for them from the start.

Before 2022, many associations kept low reserves and paid for big repairs later. Under the new rules, the monthly fee must include the yearly reserve payment from the SIRS funding plan. If a milestone inspection finds repairs, the association may also need a special assessment or a loan, which owners repay over time. When you compare two buildings, a low fee can mean low reserves, not good value. Look at the SIRS and the reserve balance, not only the monthly number.

What is a special assessment, and who pays it?

Short answer: a one-time charge to all owners for a specific purpose, such as repairs. The person who owns the unit when a payment is due pays it, so check what is approved or planned before you buy.

• The board must give at least 14 days' written notice, posted in the building, before a meeting that will vote on a non-emergency special assessment. The notice must state the purpose and the estimated cost.
• The money can be used only for the stated purpose.
• A new owner is jointly liable with the old owner for unpaid assessments that came due before the sale. That is why the closing agent gets an estoppel letter, which lists current and scheduled special assessments.
• Your purchase contract decides who pays assessments approved before closing but due after it. Read that clause and ask your agent or lawyer about it.

Also read the board minutes for the last 12 months. An assessment that is being discussed but not yet approved may not appear on the estoppel letter.

Can I get a loan on a condo with big repairs?

Short answer: it can be hard. Fannie Mae, which buys many US mortgages, does not accept condo projects that need critical repairs to safety or structure until the issue is fixed.

Fannie Mae's guide says projects are ineligible when they need critical repairs that affect safety, soundness, structural integrity or habitability, or when unfunded repairs over $10,000 per unit are due within 12 months. A special assessment tied to a critical repair that is not fixed also makes the project ineligible. Many lenders follow these rules. If you need a loan, ask the lender to review the building before you sign the contract.

What documents should I ask for before I buy?

Short answer: the seller must give you the condo documents, including the latest SIRS and the milestone summary. After you receive them, Florida gives you 7 days (not counting weekends and legal holidays) to cancel a resale contract.

Under Florida Statutes 718.503, the seller must give you, at the seller's cost:

• The declaration, articles, bylaws and rules.
• The latest annual financial statement and the budget.
• The milestone inspection summary, if the building needed one.
• The latest SIRS, or a statement that it has not been done.
• The turnover inspection report, for associations turned over to owners on or after July 1, 2023.
• The frequently asked questions document and the state's governance form.

The 7-day cancellation right ends at closing, and it cannot be waived. Until 2025, the period was 3 days. Since 2025, contracts must also state whether the building needs a milestone inspection and a SIRS and whether they have been done.

Ask for more than the law requires:

• Board minutes for the last 12 months.
• The association's insurance policy and its deductibles.
• A list of approved or planned special assessments, and any loans.
• Any lawsuits involving the association.
• The reserve balance compared with the SIRS funding plan.
• The full milestone report, not only the summary.

How do I check a building myself?

Short answer: use the public tools first, then ask the association, the seller and your lender. A Florida real estate lawyer can review the documents within your 7 days.

1. Ask your agent for the building's age, height and certificate of occupancy year.
2. Look up the SIRS on the state's SIRS reporting database.
3. In Miami-Dade, look up the recertification status on the county's search tool. In Broward and Palm Beach, ask the city's building department.
4. Get the condo documents and note the date you received them. Your 7 days start then.
5. Read the SIRS funding plan and compare it with the budget's reserve line.
6. Read the minutes and the estoppel letter for special assessments.
7. If you need a loan, ask the lender to approve the building early.
8. Ask a lawyer to review anything you do not understand before the 7 days end.

Since January 1, 2026, associations with 25 or more units must post key records on a website for owners: the budget, financial reports, inspection reports and the latest SIRS. Only owners can see that section, so ask the seller to share it.