Article Courtesy of The Palm Beach Post

By Anne Geggis

Published  March 25, 2025

Condo boards would be able to get loans without the approval of their wider association membership, according to a wide-ranging bill aimed at shoring up condo safety that received unanimous approval from a House panel Tuesday.

The legislation (HB 913), sponsored by state Rep. Vicki Lopez, R-Miami, is the third generation of legislative attempts to repair the cracks in condo repair and maintenance that were exposed in 2021 with the Surfside condo disaster that killed 98 people.

The first set of rules passed in 2022, which mandated inspections and required levels of condo savings, have resulted in unforeseen upheaval. Sky-high assessments pushing fixed-income seniors from their homes, inspections revealing concrete so loose it could be moved by hand, inspectors immediate calling 911 to evacuate buildings and most condos missing the first deadline are among the results.

Lopez’s legislation seeks to further clarify the requirements, give boards more tools to meet the requirements and refine which buildings must comply.

Not many details from the 99-page bill — or debate — emerged at Tuesday’s hearing of the House housing, agricultural and tourism subcommittee, but it’s the first bill dealing with condo governance to clear its first committee hearing for this legislative session; two others have been introduced dealing with similar issues.

Testimony featured praise for the bill’s author, Lopez, who acknowledged that condo governance is a work in progress.

“This is the third iteration of condo bills, and it probably won't be the last,” Lopez said. “I did not come to the Florida House to be affectionately known as the ‘Condo Queen,’ but I'm here, and I'm committed to doing the work.”

Many clarifications, details

Also under the bill, condo associations would:

• Be required to purchase adequate insurance and be blocked from getting it from the state-backed insurer of last resort, Citizens Property Insurance Corp., unless it had complied with the state’s inspection requirements.

• Be allowed to levy special assessments without prior membership approval and hold membership votes to secure a line of credit for up to 35% of the reserves required.

• Be required to post on its website the adopted minutes of the association from the past seven years.

• Be exempt from the state’s requirements for a structural integrity study if governing an association comprised of four-family dwellings with three or fewer habitable stories above ground.

One bit of testimony noted that the bill changes the dynamic between democratically elected condo boards and their membership.

“It something we want to be very careful of as we’re dealing with people’s homes,” said Travis Moore, a lobbyist.

Fellow lawmakers, however, had nothing but applause for Lopez and her proposal.

“It’s pretty incredible to watch somebody be so passionate about their community in particular, but on this issue especially,” said Rep. Kaylee Tuck, R-Lake Placid.

The Florida Legislature has been grappling with how to prevent the tragedy that unfolded since the 12-story, 40-year-old condo in suburban Miami collapsed as most of its occupants slept. Soon after, it came to light that the disaster could have been avoided: Infighting on the condo’s board had delayed $9 million in repairs to the oceanfront building.

Tragedy brings governance into focus

The legislature in 2022 passed a law that required any residential complex 30 years or older be inspected for structural integrity and once every 10 years thereafter. Buildings within three miles of the coast have even shorter timelines, according to the law. The deadline for submitting the first report the law required came Dec. 31 and, in Palm Beach County alone, 91 buildings with approximately 3,200 units blew past that deadline without filing a report.

Lopez told reporters after Tuesday's meeting that just 35% of condos have complied with the law.

“Look, they've had 2 1/2 years to get a structural integrity reserve study done. It literally doesn't take that much ..." she said. “So how else can I get them to actually just get the study done? I mean, I'm not even tying it to, you have to start reserving (money).”

The law has been blamed for sky-high assessments and dropping condo unit values. Other bills up for consideration during this year’s 60-day legislative session would provide grants for low-income seniors to pay their assessments for condo repairs, allow for investment boards to be created to invest an association’s reserve funds and exempt buildings less than six stories from required structural integrity inspection and reserve fund requirements.