Residential Condominium in Surfside, FL – Courtesy: Shutterstock – Image by Blueee77
A new building safety law that was passed in the wake of the catastrophic Surfside collapse has left Florida condominium owners with crippling fines, and one politician is warning that this could lead to the “next wave of homeless people.” As a result, the owners are pleading for relief.
Since Senate Bill 4D was passed in 2022, the topic of condo safety has gained a lot of attention in Florida. Legislators, Governor Ron DeSantis, and homeowners are currently having difficulty striking a balance between two seemingly incompatible objectives: making sure older properties have the money to undertake necessary repairs without depleting homeowners by making them pay for such repairs.
DeSantis ally Representative Mike Caruso has been raising concerns about the possibly catastrophic effects of the stringent new condo safety regulations, particularly for elderly owners on fixed incomes.
He warned that the law might lead to the “next wave of homeless people” if it is not changed.
Last week, a group of state senators who back the contentious bill defied the governor by refusing to include it on the agenda of a special legislative session, bringing attention to this contentious topic once more.
According to the Miami Herald, Caruso expressed his surprise at this action and forecasted that retired condo owners would soon have to deal with foreclosures since they “could not afford the triple reserves or the quadrupled dues.”
It’s depressing, and we won’t discuss it in the Florida House. He said, “I’m shocked by it,” the publication reported.
Following the June 2021 partial demolition of the Champlain Towers South condo in the affluent Miami area of Surfside, Florida, which claimed 98 lives, the contentious ordinance was passed.
Critics of the bill have voiced concerns that the tangle of new safety requirements and increased financial demands could bankrupt both homeowners and condo associations, despite the fact that the bill sought to make older condo complexes safer in order to prevent another tragedy similar to the one that occurred in Surfside.
The opinions of Floridians regarding the law
In an email to Realtor.com®, Surfside Mayor Charles Burkett speculated that lawmakers rushed the condo safety bill before federal investigators could determine the reason of the collapse, which is still being investigated almost four years later.
Burkett stated, “The tragedy is that a lot of extremely costly solutions have been proposed for a problem that may or may not exist.” “As a result, our condo owners are suffering greatly and frequently losing their homes.”
Seniors on fixed incomes may be especially severely hit by the condo problem brought on by the escalating rates.
An 84-year-old retiree from St. Petersburg, Florida named George Prybys told ABC Action News that his homeowners association dues have “ridiculously” increased from $400 to $900.
The octogenarian, who is currently subsisting on Social Security and savings, was also hit with a $12,000 penalty to rebuild or repair every balcony in his condominium complex.
I informed them that I was retired under the SKI plan. He quipped that S-K-I stands for “spend the kid’s inheritance.”
The law makes older condos safer.
According to the law, condo associations that own properties that are three stories or more and older than thirty years must perform “milestone inspections,” have enough money set aside in their budget for significant maintenance and repairs, and survey their reserves every ten years.
According to the Associated Press, 90% of Florida’s 1.6 million condominiums are older than 30 years.
The deadline for condo associations to finish a Structural Integrity Reserve Study, or SIRS, outlining each building’s condition and expected repair costs was December 31.
In order to finance long-term maintenance and upgrades, condo owners will have to contribute each month to the reserve funds of their associations. Condo boards are no longer able to decide to waive financial reserves, unlike in the past.
Many condo owners are afraid of losing their houses as a result of the new law’s increasing financial burden, which is made worse by Florida’s soaring HOA dues and rising home insurance prices. Others are hurrying to sell their properties, even at a loss.
However, some homeowners have been unable to sell their homes because they are unable to locate buyers who are prepared to pay the exorbitant HOA dues.
Republican lawmakers disagree on the condo safety law.
Homeowners’ concerns are shared by some Republican lawmakers, and even DeSantis, who signed Senate Bill 4D into law in May 2022, has urged the Tallahassee state legislature to alter it.
However, proponents of the strengthened condo security measures have not given up. According to the Miami Herald, they declined to consider the measure during a special legislative session last week.
Although the bill was originally passed in a special session, House Speaker Daniel Perez, who co-sponsored it, stated in a speech that the issue was too complicated to be discussed in a special session.
Perez stated, “The tragedy of the Surfside collapse is a painful reminder of what happens when we don’t get the law right.” “And in all honesty, I detest special sessions because they impede the very thing that the legislative process ought to promote: the tug-of-war between meaningful discussions that result in the advancement of ever-better ideas.”
Governor Ron DeSantis advocates for changes to condo laws.
DeSantis has stated his support for revising the act since signing it less than a year after the Surfside tragedy.
According to Florida Politics, he stated earlier this month that “we’re seeing some problems that I think were unintended that have popped up, and we have a responsibility to act to make sure that people can stay in their condo units.” “The Legislature shouldn’t take any action that would force someone to leave due to a fictitious mandate.”
DeSantis stated that a single statute could not be relied upon to address all of the issues that have plagued Florida’s condos for years, and he called on the Legislature to address the condo costs issue during the special session.
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Born and raised in South Florida, Krystal is a recent graduate from the University of Miami with professional writing experience at the collegiate and national news outlet levels. She’s a foodie who loves all things travel, the beach, & visiting new places throughout Florida.