SB 154 – PART TWO – NEW LAWS

THE STRUCTURAL INTEGRITY RESERVE STUDY

(g) Structural integrity reserve study.— A residential condominium must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height as determined by the Florida Building Code which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

  1. Roof.
  2. Structure, includingload-bearing walls and or other primary structural members and primary structural systems as those terms are defined in s. 627.706.
  3. Floor.
  4. Foundation.
  5. Fireproofing and fire protection systems.
  6. Plumbing.
  7. Electrical systems.
  8. Waterproofing and exterior painting.
  9. Windowsand exterior doors.
  10. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in sub-subparagraphs a.-g. as determined by thelicensed engineer or architect performing the visual inspection portion of the structural integrity reserve study.

A structural integrity reserve study is based on a visual inspection of the condominium property. A structural integrity reserve study may be performed by any person qualified to perform such study. However, the visual inspection portion of the structural integrity reserve study must be performed or verified by an engineer licensed under chapter 471, an architect licensed under chapter 481, or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts.  (New law: Strange that a private organization that collects dues from members gets to certify whether or not someone has the credentials to perform reserve studies.  The study no longer has to be done by an architect or engineer.)

For a budget adopted on or after Effective December 31, 2024, (SO STARTING IN 2026) members of a unit-owner-controlled association that must obtain a structural integrity reserve study may not vote to use reserve funds, or any interest accruing thereon, that are reserved for items listed in paragraph (g) for any other purpose other than the replacement or deferred maintenance costs of the components listed in paragraph (g)

At a minimum, a structural integrity reserve study must identify each item of the condominium property being visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of each item of the condominium property being visually inspected, and provide a reserve funding schedule with a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each item of condominium  property being visually inspected by the end of the estimated remaining useful life of the item. The structural integrity reserve study may recommend that reserves do not need to be maintained for any item for which an estimate of useful life and an estimate of replacement cost cannot be determined, or the  study may recommend a deferred maintenance expense amount for such item. The structural integrity reserve study may recommend that reserves for replacement costs do not need to be maintained  for any item with an estimated remaining useful life of greater than 25 years, but the study may recommend a deferred maintenance expense amount for such item.  (All New)

An association that is required to complete a milestone inspection in accordance with s. 553.899 on or before December 31, 2026, may complete the structural integrity reserve study simultaneously with the milestone inspection. In no event may the structural integrity reserve study be completed after December 31, 2026.  If the milestone inspection required by s. 553.899, or an inspection completed for a similar local requirement, was performed within the past 5 years and meets the requirements of  this paragraph, such inspection may be used in place of the visual inspection portion of the structural integrity reserve study.

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