Mandatory Structural Inspections for Condominiums and Cooperative Buildings

Legislative Intent

The Florida Legislature recognizes the critical importance of maintaining a building’s structural integrity throughout its service life to protect public health, safety, and welfare. To achieve this, a statewide structural inspection program for aging condominiums and cooperative buildings has been deemed necessary to ensure these structures remain safe for continued use.

Definitions

Milestone Inspection: A structural assessment conducted by a licensed architect or engineer to evaluate the safety and integrity of a building’s load-bearing walls and structural components. The purpose is to identify necessary repairs or maintenance but not to confirm compliance with the Florida Building Code or fire safety standards.
Substantial Structural Deterioration: Significant damage that compromises the structural integrity of a building. Surface imperfections such as cracks or peeling finishes are not included unless deemed indicative of serious issues by the inspecting professional.

Inspection Requirements

Buildings that are three stories or taller must undergo milestone inspections once they reach 30 years of age and every 10 years thereafter.
Buildings within 3 miles of the coastline must undergo their first inspection at 25 years of age, with subsequent inspections every 10 years.
Inspections must be arranged and paid for by the condominium or cooperative association. Single-family, two-family, and three-family dwellings with three or fewer habitable stories are exempt.

Inspection Phases

Phase One: A licensed architect or engineer conducts a visual inspection of the building’s structural components. If no substantial structural deterioration is identified, no further inspection is required.
Phase Two: If substantial deterioration is detected in Phase One, a more detailed inspection involving destructive or non-destructive testing is conducted to assess the damage and recommend necessary repairs.

Inspection Reports

After completing an inspection, the architect or engineer must submit a sealed report with findings and recommendations to the condominium or cooperative association and the local government’s building official. The report must outline structural conditions, any observed unsafe conditions, and recommended repairs or preventive measures.

Responsibilities of Associations

The association must distribute a summary of the inspection report to all unit owners by mail or electronic transmission (if consented). The summary must also be posted in a conspicuous location on the property and published on the association’s website, if applicable.

Enforcement and Compliance

Local enforcement agencies may establish timelines and penalties for non-compliance. County commissioners may require repairs identified in a Phase Two report to commence within 365 days. Failure to act may result in the building being deemed unsafe for occupancy.

State Recommendations

The Florida Building Commission will review the inspection program and provide recommendations to the Legislature to ensure sufficient measures are in place to determine a building’s structural integrity. Additionally, the Commission, in consultation with the State Fire Marshal, will propose comprehensive standards for maintaining and inspecting buildings three stories or taller.

This initiative underscores the commitment to ensuring the safety and durability of Florida’s aging condominiums and cooperative buildings, particularly in regions prone to environmental challenges.