At a time of rising prices for gas,
groceries and health care, millions of Florida condominium
owners are facing an even tougher financial challenge.
They soon will be required to pay for expensive repairs to
their aging condominium buildings, and many don’t have
enough money saved to cover the cost. Years of skimping on
condominium homeowner association fees, inadequate HOA
reserves and a recent state law forcing HOA’s to make needed
repairs are creating a scenario playing out throughout Tampa
Bay and the rest of Florida.
It is a quandary that will require condo association boards
of directors and unit owners to make hard choices. The
associations are hiring engineers, planning for needed
repairs to common elements such as roofs and courtyards, and
exploring creative ways to raise the money to pay for it
all.
This perfect storm was a long time coming.
For decades, many condominium boards did not save enough
money for future repairs, keeping HOA fees low and fellow
unit owners happy. They deferred financial pain, and the
state did not require condo boards to build reserves to pay
for major building repairs.
That all changed following the 2021 catastrophic collapse of
the 12-story condominium Champlain Towers South in Surfside,
Fla., which killed 98 people. A 2023 state law requires
older condo buildings to undergo inspections to determine
needed structural improvements and to save enough money each
year to ensure they will have adequate reserves to pay for
repairs when they are needed.
Condominium buildings that are 30 years old or older and
three stories or more of residences must perform milestone
inspections. All residential condo buildings three or more
stories must conduct Structural Integrity Reserve Studies
that inspect the parts of the building the association is
required to maintain, determine when they must be replaced,
and set a mandatory schedule for building reserves to pay
for the repairs. The result: Condo associations no longer
can defer repairs and keep HOA fees artificially low.
That all makes sense, but the consequences of the change in
state law are financially daunting for many condo owners.
More than two million Floridians live in condo buildings
that are more than 30 years old. Many of them already are
facing unprecedented annual HOA fee increases or enormous
assessments to pay for the upcoming required repairs to
roofs, electrical systems, foundations and other structural
elements.
For properties where unit owners can’t come up with the
needed upgrade funds all at once, condo HOA’s are
considering another strategy for easing the financial
strain: Bank loans that can help pay for the improvements
and be repaid with increased HOA fees and dues over time.
This is similar to how many owners of stand-alone homes pay
for roofs or renovations. They obtain loans to pay for
improvements needed now and pay the money back over time,
usually using the value of their home as collateral.
For condominium buildings, it’s a little different. The
condo HOA, not individual unit owners, obtains the loan on
behalf of the entire property. The loan is secured by an
assignment of the association’s legal right to collect
fees/dues and assess unit owners and paid back through such
fees or assessments over a period of years. There are no
mortgages or home-equity loans on individual units.
To be sure, obtaining loans to pay for these essential
condominium repairs won’t be an option for everyone. Most
lenders prefer to deal with condominiums that are
professionally run by property management companies rather
than directly by the condo association, though there are
exceptions. They will also want a minimum number of units
(20+), and the higher the proportion of owner-occupied
units, the better. Typically, lenders also will not make HOA
loans to cover 100% of the cost of repairs, and the total
loan amount should probably not exceed 20% of the value of
the individual units.
With these parameters, bank loans can be viable options for
condominium HOA’s struggling to find the money to pay for
repairs that can no longer be postponed. A collaborative
banking partner who understands the unique legal structure
of condominium HOA’s and is experienced in working with
boards of directors and property management companies is
essential. Such a partnership can be an effective approach
to complying with state law and ensuring that Florida’s
condominium buildings are safe and secure for the long term.