Mandatory Milestone Inspections and Study: Condos and Co-Ops
In the wake of the tragic Surfside condominium collapse, Florida Governor Ron DeSantis signed Senate Bill 4-D into law on May 26, 2022, and the law was then modified in 2023 through the passing of Senate Bill 154. The revised law is now codified in Sec. 553.899, Florida Statutes and also in Chapters 718 and 719, Florida Statues, with the Chapters applying to the Condominium Act and the Cooperative Act, respectively. This new law may impact your building and condominium/cooperative.
Mandatory Milestone Inspections in the Town of Palm Beach
Every condominium or cooperative building that is three stories or more in height is required to undergo milestone inspections once the building is 30 years old, then every 10 years. The due date for the first Milestone Inspection varies and is listed below:
- If the building is 30 years old before 7/1/2022, the Milestone Inspection is due by 12/31/2024, then every 10 years.
- If the building is 30 years old on or after 7/1/2022 and before 12/31/2024, the Milestone Inspection is due by 12/31/2025, then every 10 years.
- If the building is 30 years old on or after 12/31/2024, the Milestone Inspection is due when the building hits the 30-year mark, then every 10 years.
Phase 1 and 2 Inspections
Within 180 days of receiving a certified written notice from the Town building official, the condominium or cooperative must complete a Phase 1 Milestone Inspection. [NOTE: This website communication is NOT the written notice referenced in the law. A formal Town letter will be mailed to each building owner.]
- A Phase 1 Inspection must be performed by a Florida licensed engineer or architect.
- A Phase 1 Inspection is a visual examination of habitable and non-habitable areas of the building, including the major structural components of a building. It provides a qualitative assessment of the structural condition of the building.
- If during a Phase 1 Inspection the architect or engineer finds any signs of substantial structural deterioration, a Phase 2 Inspection must be performed.
- Upon completion of a Phase 1 or Phase 2 inspection, the engineer or architect of record must submit a sealed copy of the inspection report with a summary of, at minimum, the material findings, and recommendations in the inspection report to the condominium association or cooperative association, and to the Town building official.
- Any substantial structural deterioration repairs identified must commence within 365 days of receipt of the Phase 2 report by the Town building official.
Please note that this website communication is not a formal “Notice” under the bill, is not meant to provide legal advice, and covers only a portion of the entire law. It is merely an effort by the Town of Palm Beach to encourage interactions between and among condominium and cooperative owners, boards, association managers, and attorneys concerning this important legislation. Please consult with your own legal counsel to receive definitive information about this important new law.