Florida is in the midst of a condo crisis
as an impending safety deadline could end up saddling owners
with unaffordable costs.
Condo owners in the Sunshine State are facing enormous costs
because of an impending deadline that means older buildings
must undergo rigorous tests to see if they are still fit to
live in. The Condo Safety Act was passed in 2022 in response
to the 2021 collapse of the Champlain Towers South
condominium building in Surfside, a Miami suburb, that
killed 98 people.
The rules require some condominiums to complete a milestone
inspection and a structural integrity reserve study (SIRS)
to assess how much work, if any, needs to be done to ensure
the safety of a building, and how much money is needed for
current and future maintenance. A deadline of December 31 is
in place.
Pursuant to SB 4-D Bill, approved in May 2022, all Florida
condos that are 30 years old or older are required to
undergo an initial inspection by a qualified architect or
engineer no later than December 31, 2024. In the event that
"substantial structural deterioration" is discovered during
this first inspection, a subsequent, more thorough
examination must be made, and any repairs or maintenance
deemed necessary in the report must be promptly addressed by
condo owners and associations within a year of receiving the
findings.
While the law is well-intentioned given the disaster that
precipitated it, it means condo owners are facing a glut of
new costs, some of which are in the tens of thousands and
more. A report by CBS found that residents of North Miami's
Mariners Bay Condos made the decision to leave their homes
in order to avoid paying more than $100,000 in dues and
assessments.
Speaking at a roundtable discussion in Miami Lakes this
month, Governor Ron DeSantis said he understands the
"anxiety" homeowners will be feeling.
"We want our condos to be safe in the state of Florida, but
we also want to make sure any safety measures are
implemented in ways that are reasonable and affordable to
the residents," he said. "We don't want to see people forced
out of a unit because they have a crushing assessment.
"The bottom line is, we want residents in Florida to have a
safe but affordable place to live. And, we have an instance
here where we're going to need to provide some relief."
"The governor is right that Floridians need help, but there
is only so much the Legislature can do to unwind a crisis
decades in the making," former Representative Patrick
Murphy, executive vice president of Coastal Construction,
told Newsweek. "We are seeing the unintended consequences of
legislation that is sometimes passed too quickly. This law
wasn't meant to displace people from their homes; it was
meant to protect them.
"The best time to have addressed our condo crisis was years
ago. But the next-best time is today."
How Can Condo Crisis Be Fixed?
At the Miami Lakes roundtable, DeSantis floated the idea of
providing condo owners with a low- or no-interest loan
program for those who may be burdened with high repair
costs—something experts agree needs to be done. He also
remarked that perhaps not all building repairs need to be
done instantly.
"I think there are some things that need to be done,"
DeSantis said. "I don't know that every single repair will
prevent [another] Surfside, that's just the reality. So why
would we want to be forcing people to have to make a choice
to leave based on repairs that may need to be done but may
not need to be done in this instant or may be able to be
done over a period of time where you can absorb the cost
better."
Stephanie Berman-Eisenberg, president and CEO of Carrfour
Supportive Housing, a nonprofit organization established by
the Greater Miami Chamber of Commerce that provides
supportive housing, told Newsweek: "Governor DeSantis has
rightly recognized the urgency of addressing the growing
condominium crisis in Florida. But action is urgently
needed, as without help some residents could be displaced or
priced out of their homes."
Berman-Eisenberg agreed that lawmakers should consider
providing financial support mechanisms, such as low-interest
loans or grants, to help associations meet the repair
obligations.
"Many of the communities we serve are already burdened with
the cost of living, with a significant portion of the
population unable to afford the basic cost of housing?," she
said. "In Miami alone, the gap for affordable housing is
severe, and any additional financial strain from mandatory
assessments and repairs could exacerbate the housing
crisis?."
But DeSantis and lawmakers are in something of a stalemate.
In August, state Senate President Kathleen Passidomo
rejected calls to reconvene the Legislature before March
next year to make changes to the state's condo laws.
"This is not something that we can put off until next March
or April," DeSantis said. "I think there are a lot of
looming deadlines, and we have to have a plan forward to
keep people in their units if that is what they want to do."
For now, it means little hope is on the horizon for condo
owners, many of whom are trying to sell their properties
before the rules kick in.
"It's a mass exodus driven by fear," ISG World CEO Craig
Studnicky previously told Newsweek. "Condo owners in aging
buildings are rushing to sell before the physical
examinations start that could reveal structural defects, but
they're already late to the party.
"We're seeing a flood of 30-plus-year-old units on the
market, and buyers are steering clear. For retirees on fixed
incomes, it's a financial nightmare—suddenly, their
affordable slice of paradise is becoming an expensive
liability they can't afford to keep or easily sell."