Florida Building Certification Services
Not sure where to start with Florida’s new SB 4-D law regarding condominium inspections and reserve funds? As experts in structural repair with extensive experience across Southern Florida, we can help you understand what these laws mean for you and connect you with the right resources at the right time. Contact us today to get started.
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What does the law mean?
In May 2022, the Florida Legislature enacted Senate Bill 4-D, introducing new requirements for condominium and co-op buildings with three or more stories. This law establishes a statewide inspection program that mandates milestone structural inspections and structural integrity reserve studies to ensure the safety of these buildings.
Those who are subject to the law must complete a Phase One Milestone Inspection, potentially followed by a Phase Two Milestone Inspection should the results from the former justify it. Additionally, money must be set aside to cover needed repairs and improvements that are identified in those inspections, and board members who fail to comply can be held personally liable.
Phase One Milestone Inspections
Phase-One Milestone Inspections must be led by a Florida-licensed architect or engineer and involve a professional team. These inspections require a visual assessment of primary structural elements to identify any significant damage that could affect the building’s integrity or occupant safety. Reports must be signed and sealed by team members, documenting any unsafe conditions and recommending further actions if needed. The associated costs are covered by the association as outlined in governing documents, though not all inspection expenses may be included.
Phase Two Milestone Inspections
Phase-Two Milestone Inspections may be required if Phase-One indicates a need. These inspections can include material testing, probing, or non-destructive methods like ground-penetrating radar. A detailed report must outline the inspection methods, any unsafe conditions, and the extent of structural deterioration, along with recommendations for maintenance or repairs. If necessary repairs are not made within a year, municipal authorities must assess the building’s safety for occupancy.
Fiduciary and Financial Requirements
Effective December 31, 2024, unit-owner controlled associations must fully fund items identified in the structural integrity reserve study, with these funds restricted to the specified items. Failure to complete or properly fund the reserve study constitutes a breach of fiduciary duty for board members or officers. Non-compliance with SB-4D may result in personal liability for board members.
What needs to be inspected?
Law SB-4D is a new law and is still open to interpretation, with new information being issued by the Florida Legislature, Florida Building Commission, and Florida State Fire Marshal. However, the law appears to indicate that only elements related to building structure fall within the required scope of the studies, which at a minimum would include:
- Roofs
- Load bearing walls
- Primary structural members as defined in s.627.706
- Floors
- Foundations
- Fireproofing & fire protection systems
- Plumbing
- Plumbing
- Electrical systems
- Waterproofing & exterior painting
- Windows and exterior doors
- Any item with a deferred maintenance expense or replacement cost that exceeds $10,000, if failure to replace or maintain negatively affects the building’s structural integrity.
How we can help
Initial call and consultation
Are you subject to these laws? Who are the best resources to help you get the job done efficiently and at a fair cost? We’ll meet for an initial consultation and help define the project team you’ll need to comply with the laws. Our focus is to find you the most financially responsible resources so that you’re only paying for what is necessary under the law to keep your residents safe.
Milestone inspections
The team we help identify will conduct your Phase One and/or Two milestone inspections, and we will review the results together. This will outline the improvements needed for your property.
Construction and finance schedule planning
We’ll work with you to create a construction schedule that fits your financial budget based on the required improvements. We’ll help you identify the most urgent repairs and prioritize them over time, ensuring you meet the legal requirements in a way that fits your budget.
Construction
Once we have our plan ready, we will identify all the necessary resources to implement it, and construction will begin.
