IgeraFincas for Florida HOA & Condo Management

Yes. SB 4-D requires condominium and cooperative buildings that are 3 or more stories tall and 25 years or older to complete a Phase 1 milestone structural inspection. Buildings within 3 miles of the coastline — which includes virtually all of Miami Beach — have a 30-year threshold rather than 25 years. The Phase 1 deadline was December 31, 2024 for most affected buildings. If the Phase 1 inspection finds substantial structural deterioration, a Phase 2 full engineering assessment is required within 180 days. Failure to comply exposes the association to DBPR fines of up to $1,000 per day.

No — not for Structural Integrity Reserve Study (SIRS) components. As of January 1, 2025, Florida law prohibits condo associations from waiving or reducing reserves for the nine SIRS components: roof, load-bearing walls, fire protection systems, plumbing, electrical systems, waterproofing, windows, foundational elements, and other items with a deferred maintenance cost over $10,000. These reserves must be fully funded. Non-SIRS reserves (pool equipment, landscaping machinery, etc.) may still be waived by a majority vote of unit owners at a properly noticed meeting.

When a hurricane causes damage exceeding the association's insurance recovery — whether due to deductibles, policy exclusions, or an insurer's insolvency — the board may levy a special assessment to cover the shortfall. Under §718.116, all unit owners are jointly and severally liable for assessments. The board must provide written notice of the assessment amount, the basis for it, and the due date. If the special assessment exceeds the amount authorized by the Declaration without a membership vote, the board must call a membership meeting. The 2022 SB 2-D Assignment of Benefits restrictions prevent contractors from directly taking over insurance claims, which was a major source of inflated claims after prior storms.

Chapter 718 governs condominium associations: owners hold title to individual units and share ownership of common elements (corridors, pools, the building structure). The condo association maintains the common elements and the structure. Chapter 720 governs homeowners associations in planned communities: owners hold fee simple title to their lot and home, and the HOA administers deed restrictions and common areas. The key practical differences are in financial reporting requirements (Chapter 718 is stricter), board election rules, DBPR oversight (Chapter 718 associations are directly regulated; Chapter 720 HOAs have significantly less state agency oversight), and SB 4-D scope (applies only to condos and cooperatives under Chapter 718).

The Florida Department of Business and Professional Regulation (DBPR) Division of Condominiums, Timeshares and Mobile Homes oversees Chapter 718 condo associations. Unit owners can file a complaint with the DBPR for issues including election irregularities, denial of access to official records (§718.111(12)), failure to maintain required insurance, and non-compliance with SB 4-D inspection requirements. For election and recall disputes, the DBPR conducts mandatory binding arbitration. The DBPR can impose fines of up to $5,000 per violation per day and can appoint a receiver if an association is in severe non-compliance. Chapter 720 HOA disputes go through private mediation or circuit court rather than the DBPR.