Florida Condo Rules After Surfside: Milestone Inspections, SIRS, and Special Assessments

The laws behind the changes

Florida's main post-Surfside law was SB 4-D, passed in a May 2022 special session. It created mandatory milestone inspections in s. 553.899 of the Florida Statutes and required structural integrity reserve studies and full funding of structural reserves under the condominium act, chapter 718. SB 154 in 2023 refined those rules, and HB 913, signed in June 2025, made further changes to deadlines, funding options, and which buildings are covered.

The rules apply to condominiums governed by chapter 718 and, for milestone inspections, to cooperatives under chapter 719 as well. The Division of Florida Condominiums, Timeshares, and Mobile Homes within the Department of Business and Professional Regulation oversees condo associations and collects certain reporting.

Milestone inspections

A milestone inspection is a structural inspection by a licensed architect or engineer. Under s. 553.899, it applies to condo and co-op buildings that are three or more stories tall. The first inspection is due by December 31 of the year the building reaches 30 years of age, measured from its certificate of occupancy, and then every 10 years. The statute allows the local enforcement agency to require the first inspection at 25 years based on local circumstances, such as exposure to salt water. Palm Beach County and the City of Delray Beach, for example, describe a 25-year schedule for buildings within three miles of the coastline.

The inspection happens in phases. Phase one is a visual examination. If the engineer finds substantial structural deterioration, a more detailed phase two inspection follows, along with recommendations for repairs. The association must share a summary of the report with owners, and Florida law requires repairs identified as necessary to be started within set timeframes after the report.

HB 913 clarified that the three-story threshold counts habitable stories and added conflict-of-interest disclosures for inspectors and contractors. It also requires local building officials to report milestone compliance data to the state each year.

Structural integrity reserve studies

A SIRS is a study of the building's major structural and life-safety components that estimates their remaining useful life and replacement cost and sets a funding plan. Under s. 718.112, it covers items such as the roof, structure and load-bearing walls, fireproofing and fire protection systems, plumbing, electrical systems, waterproofing and exterior painting, windows and exterior doors, and other items above a cost threshold that affect the building's structural integrity. A visual inspection by a qualified professional is part of the study.

Under HB 913, the SIRS requirement applies to buildings of three or more habitable stories, the initial deadline was moved to December 31, 2025, and studies must be repeated at least every 10 years. Associations subject to SIRS cannot waive or reduce reserves for the structural items it identifies, a rule that took effect for budgets adopted after December 31, 2024. That single change is the main reason dues rose in many older buildings.

New funding options under HB 913

HB 913 gave associations more ways to pay for required work. With approval from a majority of the voting interests, an association can fund reserves or required repairs through special assessments, lines of credit, or loans instead of only through regular dues. It also created a temporary option, for budgets adopted on or before December 31, 2028, that allows certain associations that completed a milestone inspection in the prior two calendar years to pause or reduce reserve contributions for up to two consecutive budget years to fund repairs recommended by that inspection. A new SIRS is required before reserve contributions resume.

For buyers, these options can spread costs over time, but they do not eliminate them. A loan taken by the association is repaid from owners' assessments, so look at the debt and its payment schedule as part of the building's budget.

Special assessments and what they mean for financing

A special assessment is a charge to owners beyond regular dues, usually for a specific project. In older Florida buildings, assessments for concrete restoration, roofs, windows, elevators, and fire safety systems have been common since 2022, and some have been large.

Lenders look at assessments in two ways. First, at the project level, Fannie Mae's Selling Guide treats buildings needing critical repairs, or with special assessments tied to safety, soundness, structural integrity, or habitability where the work is unfinished, as ineligible. Second, at the borrower level, an assessment paid in installments is generally counted in your monthly housing expense for qualifying.

• Ask whether any assessment is approved, proposed, or under discussion in board minutes.
• Find out what the assessment pays for and whether the work has started or finished.
• Confirm whether it is payable as a lump sum or in installments, and over what period.
• Negotiate in your purchase contract who pays an assessment that is already approved.
• Check whether the association has borrowed money and how that debt is repaid.

What buyers should request before signing

Florida law requires associations to make many records available, and HB 1021 (2024) expanded the requirement for larger associations to post official records on a website or app. Even so, buyers should ask directly and early.

Your loan officer, real estate agent, and, when appropriate, a Florida real estate attorney can review these documents with you. Ask for the milestone inspection reports and status, the SIRS and its funding schedule, the current budget, reserve balances, insurance declarations, recent board minutes, and details of any special assessments or association loans.

What owners should consider now

If you already own in an older building, it helps to understand your association's SIRS funding plan and repair schedule, since they shape your future costs and your eventual buyer's financing options. Owners facing a large assessment sometimes look at options such as a cash-out refinance or home equity line of credit, which depend on the building's eligibility, your equity, and your qualifications.

Getting involved in association meetings and reading the reports yourself is one of the best protections. Buildings that complete their work and fund reserves tend to be easier to sell and finance.