Regulatory Timeline
Every major law, regulation, and code change affecting South Florida condominium buildings — from the birth of the Florida Condo Act to the post-Surfside compliance era.
Key Compliance Deadlines
| Deadline | Requirement | Who | Authority |
|---|---|---|---|
| Dec 31, 2024 | Phase 1 Milestone Inspection (buildings 30+ yrs, 3+ stories) | All qualifying buildings | FL Statute 553.899 / SB 4-D |
| Dec 31, 2024 | Structural Integrity Reserve Study (SIRS) must be completed | Buildings 3+ stories | FL Statute 718.112(2)(g) |
| Dec 31, 2025 | Phase 2 Milestone Inspection (if Phase 1 found substantial deterioration) | Buildings with Phase 1 findings | FL Statute 553.899 |
| Dec 31, 2025 | SIRS-based reserves must begin full funding (no waiver allowed) | All condo associations 3+ stories | FL Statute 718.112 |
| Ongoing | 40-Year Recertification (Miami-Dade & Broward) | Buildings reaching 40 years | Miami-Dade §8-11(f), Broward |
Florida Condominium Act
Chapter 711, Florida Statutes (later recodified as Chapter 718)
Florida enacted its first Condominium Act, creating the legal framework for condominium ownership. This law established the concept of individual unit ownership combined with shared ownership of common elements, and set the basic rules for how condo associations would operate, collect assessments, and maintain buildings.
Fair Housing Act
42 U.S.C. §§ 3601-3619
The federal Fair Housing Act prohibited discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. This applies to condo associations in their rules, sales restrictions, and common-area accessibility requirements.
Florida Building Code Established
Florida Building Commission
Florida began developing a statewide building code framework. Prior to this, building codes were a patchwork of local ordinances. The state framework would gradually standardize construction requirements, including wind resistance, structural standards, and fire safety for high-rise buildings.
Real Estate Settlement Procedures Act (RESPA)
12 U.S.C. § 2601 et seq.
RESPA established requirements for disclosures during the home buying and lending process. For condo purchases, this includes disclosure of HOA fees, special assessments, and the financial health of the association — information critical for both buyers and lenders.
Condominium Act Recodification (Chapter 718)
Chapter 718, Florida Statutes
The original Condominium Act was completely rewritten and moved from Chapter 711 to Chapter 718. This comprehensive overhaul strengthened unit owner protections, established developer disclosure requirements, created the Division of Florida Condominiums within DBPR, and formalized association governance rules.
Miami-Dade 40-Year Building Recertification
Miami-Dade County Code § 8-11(f)
Miami-Dade County enacted its landmark 40-Year Recertification ordinance, requiring buildings to undergo structural and electrical inspections when they reach 40 years of age, and every 10 years thereafter. A licensed engineer or architect must certify the building is structurally and electrically safe. If deficiencies are found, repairs must be completed within a specified timeframe.
Secondary Mortgage Market Enhancement Act
P.L. 98-440
This federal law enhanced the ability of Fannie Mae and Freddie Mac to purchase condo mortgages, dramatically expanding mortgage availability for condo buyers. However, it also meant these GSEs would set eligibility requirements that condo projects must meet for conventional financing.
Hurricane Andrew & Florida Building Code Reform
Post-Andrew Building Code Revisions
Hurricane Andrew devastated South Florida, destroying 63,000 homes and damaging 124,000 more. The catastrophe exposed massive failures in building code enforcement and construction quality. In the aftermath, Florida undertook a complete overhaul of its building code system, leading to dramatically stronger wind-resistance and structural requirements.
Broward County 40-Year Safety Inspection
Broward County Ordinance
Following Miami-Dade's lead, Broward County adopted its own 40-year building safety inspection program. The requirements are similar: buildings reaching 40 years must be inspected by a licensed engineer or architect for structural and electrical safety, with re-inspection every 10 years thereafter.
Florida Building Code Statewide Adoption
Chapter 553, Florida Statutes
After a decade of post-Andrew reforms, Florida fully implemented its statewide building code, replacing the patchwork of local codes. This unified code incorporated the strictest elements of the South Florida Building Code and applied them statewide, with a High-Velocity Hurricane Zone (HVHZ) designation for Miami-Dade and Broward counties requiring even more stringent standards.
Reserve Funding Requirements Strengthened
Amendments to FL Statute 718.112
Florida updated its condominium reserve requirements, mandating that associations include reserve line items in their annual budgets for roof replacement, building painting, paving, and any other item exceeding $10,000. However, the law still allowed associations to waive or reduce reserve funding with a majority vote of unit owners.
FHA Condo Approval Process Tightened
HUD Mortgagee Letter 2009-46B / FHA Condo Guidelines
In the wake of the housing crisis, FHA dramatically tightened its condo project approval requirements. Projects needed to demonstrate adequate reserves, limited investor concentration, sufficient insurance coverage, and no significant deferred maintenance. Many older South Florida projects lost FHA eligibility.
Financial Crisis & GSE Condo Restrictions
Fannie Mae & Freddie Mac Condo Policy Updates
The Great Recession hit South Florida condos particularly hard. Fannie Mae and Freddie Mac implemented strict new requirements for condo project eligibility, including limits on investor-owned units (no more than 50% non-owner-occupied), requirements for adequate insurance, limits on single-entity ownership, and prohibitions on projects with significant deferred maintenance or pending litigation.
Distressed Condominium Relief Act
CS/CS/HB 1195 (2010 Florida Laws Ch. 2010-174)
In response to the condo foreclosure crisis, Florida passed legislation to help distressed condo projects. The law made it easier for bulk buyers to acquire units in troubled projects without taking on the full liabilities of developer status, and provided some relief for associations dealing with high delinquency rates.
Hurricane Irma & Insurance Crisis Begins
Post-Irma Insurance Market Reforms
Hurricane Irma caused over $50 billion in damage across Florida. In the aftermath, property insurance rates began a steep climb, particularly for older condo buildings. Many national carriers began pulling out of the Florida market entirely, and Citizens Property Insurance (the state insurer of last resort) saw massive enrollment growth.
Fannie Mae Condo Project Review Updates
Fannie Mae Selling Guide Updates
Fannie Mae updated its condo project review standards, placing increased emphasis on building safety and structural integrity. Projects with significant deferred maintenance, special assessments for structural repairs, or evidence of safety issues became ineligible for conventional financing.
Champlain Towers South Collapse (Surfside)
NIST Investigation / 98 deaths
Champlain Towers South, a 12-story oceanfront condo building in Surfside, Florida, partially collapsed at 1:22 AM on June 24, 2021, killing 98 people in the deadliest structural failure in U.S. history since 9/11. The building was undergoing its 40-year recertification process. Initial investigations pointed to long-standing structural deficiencies in the pool deck and foundation, exacerbated by saltwater intrusion, concrete spalling, and years of deferred maintenance.
Miami-Dade Emergency Inspection Order
Mayor's Emergency Order 28-21
In the immediate aftermath of the Surfside collapse, Miami-Dade County issued emergency orders requiring all residential buildings 5+ stories and 40+ years old to submit structural inspection reports within 45 days. This led to an audit of over 400 buildings, many of which were found to have overdue recertifications.
Town of Surfside — 30-Year Inspection Ordinance
Surfside Ordinance 2021-2176
The Town of Surfside moved its recertification requirement from 40 years to 30 years for buildings 3+ stories within 3 miles of the coast. Surfside became the first municipality to go beyond the county requirement, reflecting the accelerated deterioration caused by coastal exposure.
Statewide Grand Jury Investigation
Florida Supreme Court Order SC21-1334
Governor DeSantis petitioned the Florida Supreme Court to impanel a statewide grand jury to investigate the Surfside collapse and the broader issue of condo building safety across Florida. The grand jury examined building inspection practices, reserve funding, and condo association governance, ultimately issuing a series of reports with recommendations that directly informed SB 4-D.
Senate Bill 4-D — Milestone Inspection & SIRS
2022 Florida Laws Ch. 2022-269 / FL Statutes 553.899 & 718.112
SB 4-D is the most significant condo legislation in Florida history. Passed in a special session, it created two major new requirements:
1. Milestone Inspections (§553.899): All condo buildings 3+ stories must undergo structural inspections ("milestone inspections") at 30 years (if within 3 miles of coast) or 25 years (all others), and every 10 years after. Phase 1 is a visual inspection; if deterioration is found, Phase 2 requires more detailed testing.
2. Structural Integrity Reserve Studies (§718.112): All condo associations with buildings 3+ stories must complete a SIRS by December 31, 2024. The SIRS must be conducted by a licensed engineer or architect and must cover reserves for: roof, structure (including foundation), fireproofing, plumbing, electrical, waterproofing, windows, and any item exceeding $10,000. Reserve funding based on SIRS findings cannot be waived or reduced.
Fannie Mae / Freddie Mac Condo Safety Requirements
FHFA Condo Safety Initiative / LL-2021-14
Following the Surfside collapse, Fannie Mae and Freddie Mac implemented enhanced condo project review requirements. Lenders must now obtain and review building safety documentation, and projects with known significant deferred maintenance, safety issues, or incomplete inspections are ineligible for conventional financing. This includes a detailed condo project questionnaire that asks specifically about structural issues, inspections, and special assessments.
SB 2-A — Property Insurance Reform
2022 Florida Laws, Special Session A
Florida passed sweeping property insurance reforms in a special legislative session, aimed at stabilizing the collapsing insurance market. Key provisions eliminated one-way attorney fee awards, required coverage disputes to go through a pre-suit mediation process, and provided $2 billion in reinsurance funding through a new Florida Optional Reinsurance Assistance (FORA) program.
Miami-Dade Updates Recertification to 25/30 Years
Miami-Dade Ordinance Amendment
Miami-Dade County amended its building recertification ordinance to align with and exceed SB 4-D requirements. The county reduced its recertification trigger from 40 years to 25 years for buildings within 3 miles of the coast and 30 years for all others, matching the state milestone inspection timeline. Buildings that previously only faced recertification at 40 years now face it much sooner.
HB 1021 — Condo Association Governance Reforms
2023 Florida Laws Ch. 2023-203
Building on SB 4-D, this bill addressed governance and transparency issues in condo associations. Key provisions include: mandatory financial reporting to DBPR, enhanced board member training requirements, restrictions on self-dealing by board members, strengthened rules for reserve fund management, and increased penalties for associations that fail to comply with inspection and reserve requirements.
SB 154 — Association Financial Transparency
2023 Florida Laws
SB 154 strengthened financial reporting and transparency requirements for condo associations. Associations must now make inspection reports, reserve studies, and financial statements available to unit owners and prospective buyers. The bill also required DBPR to create a searchable online database of condo association information.
SIRS Completion Deadline
FL Statute 718.112(2)(g)
The statutory deadline for all qualifying condo associations (3+ stories) to complete their Structural Integrity Reserve Study. The SIRS must be conducted by a licensed engineer or architect and must identify the remaining useful life and replacement cost of all major structural components. Based on these findings, the association must begin funding reserves at the levels recommended in the study — with no ability to waive or reduce.
Phase 1 Milestone Inspection Deadline
FL Statute 553.899
All existing condo buildings that are 3+ stories and 30+ years old (25+ years within 3 miles of coast) must complete their Phase 1 Milestone Inspection by this date. Phase 1 is a visual examination of habitable and non-habitable areas by a licensed engineer or architect to determine the building's general structural condition.
SB 280 — Condo Association Reforms & SIRS Adjustments
2024 Florida Laws
Responding to the severe financial impact of SB 4-D on unit owners, the legislature passed SB 280 with some modifications. Key provisions: associations with buildings 3 stories or fewer are now exempt from SIRS requirements; associations may phase in reserve funding increases over multiple years rather than all at once; alternative inspection methodologies are permitted for certain building types; and the DBPR was given additional enforcement authority and resources.
Palm Beach County Building Safety Inspection Program
Palm Beach County Ordinance
Palm Beach County — which historically had no mandatory recertification program — adopted a building safety inspection ordinance aligned with SB 4-D. While the state law provides the baseline, the county program adds local enforcement mechanisms, establishes a registry of qualifying buildings, and provides a framework for tracking compliance.
NIST Champlain Towers South Final Report
NIST Technical Investigation
The National Institute of Standards and Technology released findings from its multi-year investigation of the Champlain Towers South collapse. The investigation identified the likely collapse sequence and contributing factors, including design deficiencies in the pool deck-to-building connection, inadequate waterproofing, and progressive concrete deterioration from decades of water intrusion and rebar corrosion.
SIRS-Based Reserve Funding Begins (No Waiver)
FL Statute 718.112(2)(g)
Beginning with the fiscal year starting after December 31, 2025, all qualifying condo associations must fund reserves at the levels recommended by their completed SIRS. Unlike the previous reserve requirements, these SIRS-based reserves cannot be waived or reduced by a vote of unit owners. This applies to reserves for: roof, structure/foundation, fireproofing, plumbing, electrical systems, waterproofing, and windows/exterior glazing.
Phase 2 Milestone Inspection Deadlines
FL Statute 553.899
Buildings whose Phase 1 inspections (completed by end of 2024) revealed "substantial structural deterioration" must complete Phase 2 inspections within 180 days. Phase 2 inspections are significantly more detailed and invasive, requiring destructive testing, material sampling, and structural load analysis. The results determine the scope and urgency of required repairs.
Insurance Market Stabilization Efforts
FL Office of Insurance Regulation
The Florida legislature and Office of Insurance Regulation continue working to stabilize the property insurance market. Some national carriers have cautiously begun returning to the Florida market following the litigation reforms of SB 2-A, but rates remain elevated — particularly for older condo buildings. Buildings that complete milestone inspections and demonstrate adequate reserves may qualify for better rates, creating a positive feedback loop for compliance.
Ongoing Legislative Proposals & Amendments
Florida Legislature — 2025 & 2026 Sessions
Multiple bills have been filed to amend the SB 4-D requirements in response to the severe financial impact on condo owners. Proposals include: extending compliance deadlines, allowing phased reserve funding over longer periods, creating state-backed low-interest loan programs for condo repairs, exempting additional building categories, and establishing hardship provisions for low-income and elderly unit owners.
Federal Building Safety Legislation Proposals
U.S. Congress
Following the NIST final report on Champlain Towers South, federal lawmakers have introduced legislation that could create national standards for high-rise building inspections and structural maintenance. Proposals include federal minimum standards for building inspection programs, requirements for FHA and VA loan eligibility tied to structural inspection compliance, and potential federal funding mechanisms for critical building safety repairs.
Association Lien Priority & Collection Powers
FL Statute 718.116
Florida law gives condo associations a powerful lien on each unit for unpaid assessments. The association's lien has priority over all claims except property tax liens and first mortgages. Associations can foreclose on units for unpaid assessments, and in foreclosure sales, associations have a "super-priority" claim for up to 12 months of assessments or 1% of the original mortgage amount (whichever is less) that takes priority even over the first mortgage.
All citations link to official government sources. Laws and regulations are subject to amendment. This timeline is for informational purposes only and does not constitute legal advice. Last updated February 2026.