Article
Courtesy of Florida Politics
By Jesse Scheckner
Published March 22, 2025
Vicki Lopez’s latest condo measure again aims to boost
safety, transparency and accountability.
A voluminous bill meant to strengthen Florida’s condo safety laws and
penalize noncompliant associations just cleared its first House hurdle with
ease.
Members of the Housing, Agriculture and Tourism Subcommittee voted
unanimously to advance the legislation (HB 913), the latest condo-focused
measure from Miami Republican Rep. Vicki Lopez.
The bill would block Citizens Property Insurance — Florida’s state-run
insurer of last resort — from issuing or renewing policies for condo owners
or associations that do not comply with existing inspection requirements.
Notably, most of the more than 11,000 condo buildings with three or more
levels that must comply with the relatively new rules hadn’t done so by the
Dec. 31 deadline.
HB 913 would also ban companies from double-dipping on condo safety work, a
questionable practice scrutinized during a panel discussion on condo safety
in January.
Under the proposal, a company that performs a building’s structural
integrity reserve study would be prohibited from doing the subsequent repair
work or having a financial interest in the entity that does it.
“Aimed at enhancing accountability, efficiency and protection for unit
owners, the bill streamlines the decision-making processes, reinforces
oversight and ensures greater financial stability for condominium
associations,” Lopez said.
“By strengthening regulations and improving transparency, this legislation
promotes integrity and long-term sustainability in condominium governance.”
Lopez half-jokingly referred to HB 913 as “much-awaited.” The laws passed in
the wake of the June 2021 condo collapse in Surfside ramped up inspection
and reserve fund requirements.
But those changes came with a price tag some unit owners, particularly those
on fixed incomes or in buildings whose associations hadn’t raised membership
fees for years, say they can’t cover.
Some sold their units and moved out of the state, citing prohibitive costs.
HB 913 includes provisions aimed at addressing those concerns. It requires
associations to provide more timely reports and disclosures on studies and
inspections to unit owners and allows association boards to levy special
assessments and obtain loans for mandated maintenance without prior
membership approval.
The bill also provides that certain associations may approve, by majority
vote, secured lines of credit of up to 35% of the required sum to meet the
reserve funding schedule recommended by a structural integrity reserve study
(SIRS) report. Further, it provides that the amount of adequate insurance
coverage for full insurable value, replacement cost or similar coverage may
be based on the replacement cost of the property being insured, as
determined by an independent appraiser.
The measure clarifies that unless it was previously agreed upon, condo unit
owners are not responsible for the cost of any removal or reinstallation of
hurricane protections. It also guarantees unit owners the right to vote
electronically.
Before the bill advanced Tuesday, Lopez amended it to require condo
associations to maintain online records of their meeting minutes for the
preceding seven years, allow boards to pause funding reserve contributions
if a local building official determines the structure is uninhabitable and
clarify that certain changes made through last year’s condo reform package
do not retroactively apply to any right or interest ending adjudication
before Oct. 1, 2024.
Lopez said the HB 913 remains a “work in progress” and that it “probably
won’t be the last” condo legislation she’ll carry.
“I did not come to the Florida House to be affectionately known as the
‘Condo Queen,’ but I am here and I am committed to doing the work,” she
said. “I will continue to work with all of you and all of the members and
all of the stakeholders to ensure that whatever bill hits the floor is the
best version.”
Several organizations signaled support for HB 913, including the Florida
Land Title Association, AARP Florida, the Florida Restaurant and Lodging
Association, Marriott, the Associated Industries of Florida and the Real
Property, Probate and Trust Law Section of the Florida Bar.
Lopez’s regular collaborator on condo safety legislation, Fleming Island
Republican Sen. Jennifer Bradley, has filed a more cost-focused measure (SB
1742). Among other things, it would give associations more runway to comply
with milestone inspections, allow associations that completed an inspection
within the past two years to pause reserve fund contributions until a SIRS
is finished, and enable boards to invest reserve funds.
A third measure (SB 1600) by Kissimmee Democratic Sen. Kristen Arrington
would protect condo owners from disenfranchisement and strengthen their
ability to recall association board members.
HB 913 will next go to the House Commerce Committee, after which it has one
more stop before reaching a floor vote.
SB 1742 and SB 1600 await hearings before the first of three committees to
which they were referred last week.
|