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Article
Courtesy of Florida Politics
By Jesse Scheckner
Published May 3, 2025
The bill gives condo owners more financial flexibility
while complying with state requirements.
After a back-and-forth between the Senate and House over its final language,
a bill aimed at balancing condo safety with the financial concerns of unit
owners has passed the Legislature with unanimous approval.
House members voted 112-0 for HB 913 to update statutes lawmakers passed
after the 2021 collapse of the Champlain Towers South condo in Surfside.
The vote came mere hours after the bill’s Senate sponsor, Fleming Island
Republican Sen. Jennifer Bradley, amended it to better reflect the intent of
both chambers. The Senate then approved the bill 37-0.
Miami Republican Rep. Vicki Lopez, the House sponsor and Bradley’s partner
in carrying condo safety legislation over the past several years, said
addressing so complex and expansive an issue is a process she’ll keep
working at as needed.
“We have strived to reach that delicate balance between the safety of our
constituents who live in condominiums as well as understanding the
incredible financial impact that sometimes these particular bills that we
pass have,” she said.
“I pledge to you, again, I will continue this work as long as we need to do
so to ensure that every resident who lives in a condominium feels that their
voices have been heard.”
Ahead of this year’s Session, there was ample outcry from unit owners about
financial difficulties they faced in adhering to the relatively new safety
obligations past condo safety bills imposed on them. In some cases, the high
cost of reserve funding to make necessary structural repairs prompted some
to sell their units.
HB 913, which Bradley substituted for her version of the legislation (SB
1742), is intended to address those concerns while adding many more
safeguards against malfeasance by condo boards and unscrupulous contractors.
The bill enables condo associations to use lines of credit to pay for pricey
structural integrity reserve studies (SIRS) and clarifies that only
buildings with three habitable stories must comply with SIRS requirements.
It also allows condo associations to invest their reserve funds in
certificates of deposit and depository accounts of financial institutions.
This allowance comes with a proviso that each board “use best efforts to
make prudent investment decisions that carefully consider risk and return in
an effort to maximize returns on invested funds.”
It guarantees condo associations a route to voting online, requires the
Department of Business and Professional Regulation to create a standard form
for SIRS and set criteria for determining the useful life of condo
components, and allows more flexibility for excluding certain low-cost
repairs from the SIRS total.
It also mandates that the minutes of a condo board’s meetings from the past
year must be available online to association members, requires more
transparency from hotels that also contain condos and prohibits the person
or company that conducted the SIRS from having a financial interest in the
person or company that performs the repairs.
Portions Bradley added extend the deadline for condo associations to
complete their SIRS by one year to Dec. 31, allows for a two-year pause in
reserve funding following a milestone inspection so associations can make
vital structural safety repairs, and requires a substitute budget to be
presented to owners for consideration that excludes discretionary funding if
a proposed budget exceeds 115% of the prior year’s assessments.
There’s a lot more.
Democratic Reps. Robin Bartleman and Anna Eskamani commended Lopez for her
work.
Bartleman thanked her for “always being on call” and ready to meet with
stakeholders. Eskamani said her office had gotten “many emails and phone
calls over this past year” regarding the issue, which prompted discussions
between her and House Speaker Daniel Perez about it.
“I’m so grateful we’re taking action,” she said, “and just want to say thank
you.”
HB 913 will next go to Gov. Ron DeSantis, who can sign it, veto it or allow
it to become law without his signature on July 1.
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