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Article
Courtesy of Florida Politics
By Jesse Scheckner
Published April 19, 2025
There are still a lot of differences that need to be
reconciled between the 2 proposals.
Bills to further shore up Florida’s condo safety laws are again advancing
after undergoing changes in their most recent committee stops.
The House bill (HB 913) by Miami Republican Rep. Vicki Lopez will next go to
a floor vote. Its Senate analog (SB 1742) by Fleming Island Republican Sen.
Jennifer Bradley has one more panel to clear.
Bradley and Lopez introduced strike-all amendments to alter their respective
proposals Tuesday. Both included provisions allowing condo associations to
use lines of credit to comply with structural integrity reserve requirements
and safeguards against self-dealing by condo board members and contractors.
Other changes to SB 1742 largely clarified requirements already outlined in
the measure and adjusted some of its timelines. Amendments to HB 913 did
similarly and also excised a contentious section unique to the House bill
that would have blocked Citizens Property Insurance — Florida’s state-run
insurer of last resort — from issuing or renewing policies for condo owners
and associations that don’t comply with building inspection requirements.
That’s big. As of last month, most of the more than 11,000 condo buildings
with three or more levels that must comply with relatively new rules set in
recent Sessions hadn’t done so by the Dec. 31 deadline.
So far, both measures have received uniform support. But there are still
notable differences between them that must be reconciled before the
Legislature chooses and passes one.
For instance, SB 1742 would allow condo associations to pause or reduce
their reserve funding for up to two years after a milestone inspection while
they undertake repairs to make their building structurally safe.
That change is needed, Bradley explained, to address widespread complaints
that the financial and regulatory strictures Florida established after the
Surfside condo collapse are so exorbitant they’re forcing unit owners out of
their homes.
“This is a very new process, the inspection process as well as the new
reserve requirements (and) now it’s almost a double-dip because they’re
having to repair and at the same time, simultaneously, they’re having to
build up their reserves,” she said.
“What this bill does is bifurcate that. It says let’s do your milestone
inspections so the state knows those buildings are safe … and then we’re
going to hit a 24-month pause, at the end of (which) we can better assess
going forward what reserves are needed.”
HB 913 would require associations to provide more timely reports and
disclosures on studies and inspections to unit owners. It would also allow
association boards to levy special assessments to obtain loans for mandated
maintenance without prior membership approval and give the Department of
Business and Professional Regulation even more oversight and enforcement
authority on condo safety and association matters than it received through
last year’s “Condo 3.0” law.
SB 1742, meanwhile, would set different standards for data collection and
dissemination and require the University of Florida to study and report
yearly on statewide milestone inspections. It would also require that if a
condo board proposes an annual budget exceeding 115% of the prior year’s
spending, it must also propose and consider a substitute budget without such
discretionary expenditures.
Lopez said the lines of credit portions of this year’s legislation address
the concerns she’s heard from residents, particularly young families and
seniors on fixed incomes, who couldn’t afford higher condo fees.
“This bill finally gives them an option,” she said. “They can get a line of
credit, which will certainly help … for the future improvements they need to
make. So, I think this is going to be a landmark piece of legislation to
address all of the financial issues that we have heard about from our
constituents.”
It remains to be seen if the amendments Lopez made to her bill Tuesday are
enough to satisfy Gov. Ron DeSantis, who signed every previous condo bill
she sponsored but is now accusing her and House leaders of trying to
“sabotage” his work on the issue.
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