Florida legislators passed new structural
safety regulations in 2022 and 2023 requiring condominium
associations to perform a Structural Integrity Reserve Study
(“SIRS”) for condominiums that are three or more stories in
height by the December 31, 2024 and every ten years
thereafter. The SIRS includes an inspection of the
building’s infrastructure and systems including the roof,
structure, fireproofing and fire protection systems,
plumbing, electrical systems, waterproofing and exterior
painting, and windows and exterior painting, and windows and
exterior doors, to determine required reserves and required
repairs. The SIRS must include the estimated remaining
useful life and estimated replacement costs or deferred
maintenance expense of each component and provide a reserve
funding schedule with recommended annual reserve amounts to
achieve the estimated replacement cost or deferred
maintenance expense of each component by the end of its
useful life.
Within 45 days of receiving a SIRS, a condominium
association must provide a copy of the SIRS to each unit
owner. Alternatively, the Association may deliver a notice
to each unit owner indicating that the completed SIRS is
available for inspection and copying upon written request.
This notice must be sent by U.S. mail or by e-mail if the
unit owner has consented to receive notices electronically.
Additionally, a copy of the SIRS must be posted on the
condominium association’s website.
In addition, within the same 45-day period, a condominium
association is required to provide the Division of Florida
Condominiums, Timeshares and Mobile Homes (the “Division”)
with a statement indicating that the SIRS has been completed
and that the condominium association provided or made the
SIRS available to unit owners as required by law. The
Division has created an electronic form for this purpose,
which form can be accessed here.
In addition to the statements confirming completion of the
SIRS and that the SIRS has been made available to all unit
owners, the submission to the Division requires the
following information:
-
The name of the individual and/or company that conducted the SIRS
-
The total cost of the SIRS
-
The date that the SIRS was completed and the date that the SIRS was made available to unit owners
-
A copy of the SIRS
-
Confirmation of whether the condominium association has levied an assessment as a result of the SIRS
Upon completion of the SIRS, residential condominium associations must fill out and submit the form to the Division to ensure compliance with the new statutory obligations.