Time is up for condo owners across
Florida to meet safety guidelines passed in the wake of
2021’s deadly Champlain Towers collapse.
Condo associations had until Dec. 31 to inspect aging
buildings and come up with a plan to save for routine
maintenance.
The market took a nosedive in the lead up to that deadline
as owners rushed to list their homes to avoid paying for
newly mandated repairs.
By the end of this year, associations will be required to
fund reserves fully for the first time. Associations that
have neglected to save for years could have to scrape
together millions of dollars in a matter of months. That
burden will likely fall on the shoulders of owners in the
form of special assessments.
“I think you’re going to see bankruptcies, I think you’re
going to see people losing their homes,” said Jeff Brandes,
a former state Senator who runs the Florida Policy Project,
a nonprofit studying statewide issues including the condo
crisis.
Here’s what to expect in the months ahead.
How will this make buildings safer?
All condo buildings 30 years and older and three stories and
higher were supposed to submit two pieces of documentation
to their local building department by the end of last year.
One was a study outlining how much the association needs to
save to cover maintenance over the decade. The other was an
inspection report. If inspectors discovered “substantial
deterioration,” a more thorough inspection was required.
Some condo associations still have not handed in the
required paperwork, said Kevin Garriott, building official
for the city of Clearwater. His department is missing 36
inspections out of the 191 they were expecting.
Local agencies like his are tasked with enforcing the rules.
But Garriott said the state has provided little guidance on
how they should do that.
Clearwater sent reminder letters to the delinquent condos in
December. Condos that fail to comply could be cited and face
penalties or fines, Garriott said.
The law gives condos a year to schedule repairs after
submitting inspections, but certain municipalities may
impose tighter timelines.
How is the real estate market responding?
Statewide, condo listings shot up nearly 43% in 2024,
according to data from Florida realtors. The number of homes
sold remained flat and the median sales price fell about
4.5%.
The new rules have revealed difficult truths that are
turning off some potential buyers, said Tom Steck, president
of Pinellas County Realtors and co-owner and operator of
TomKat Realty in Madeira Beach.
“If they talk to anybody, they’ll find there have been
assessments, and there’s no guarantee that there won’t be
further assessments,” he said.
As demand continues to dwindle, prices could drop further.
Steck said he fears more and more owners will sell at a
loss.
Older condos may be the hardest hit.
The Florida Policy Project commissioned a study of nine
metro areas with large concentrations of condos. Listings
for condos 30 years and older went up even more, about 56%
year over year.
Every condo will turn 30 eventually and be subject to the
same scrutiny, Brandes said. That has people rethinking the
entire concept of condo life.
“There is going to be a repricing of condos across the
board,” he said.
Joe Hernandez is a real estate attorney with the Miami firm
Bilzin Sumberg. He specializes in condo termination, a
process by which owners vote to dissolve the condo
association, usually with the goal of selling the property.
While more buildings have started to market themselves for a
potential bulk sale to developers since the initial deadline
for inspections passed, “I haven’t seen the floodgates open
yet,” Hernandez said.
Many developers are holding off on scoping out potential
condo conversion deals while they wait for the results of a
Miami lawsuit that could impact the rules for terminating a
condo.
Will the Legislature act?
Leading up to the deadline for inspections, condo owners
hoped the Legislature might provide relief.
Gov. Ron DeSantis urged lawmakers to reconvene to discuss
condos before the end of the year, but he did not call a
special session.
Several legislators have said they hope to take up the issue
when the next legislative session starts March 4.
One solution that has been raised is creating a loan program
to help associations fund repairs without a special
assessment.
State Sen. Rosalind Osgood, a Democrat from Broward County,
has filed a bill that would offer individual grants to
low-income seniors who need help paying condo special
assessments. Miami-Dade County has a similar program that
could serve as a model.
But Brandes said the state doesn’t have enough resources to
cover every condo that’s in trouble. And even if they make
loans available, many of these condo associations likely
could not afford them.
Hernandez said he hopes lawmakers will consider measures
that will give condos a clearer path to termination. Right
now, just 5% of owners can block a termination vote under
state law.
Steck, who is a condo owner, said he never understood why
the Legislature would require associations to have every
aspect of building maintenance fully funded at the same
time.
“The repairs could be rank-ordered,” he said. “Those that
are the most serious would be mandated to be done first.”
This could lessen the burden on condo owners who might have
the ability to pay over time but can’t afford to take on a
massive lump sum.
Ultimately, the Legislature doesn’t have many good options
to help struggling condo owners while prioritizing safety,
Brandes said.
“It is a bitter pill that gets us healthy,” he said. “But
it’s going to cost people their homes, and their life
savings for some of them.”