CAI-Florida Legislative Alliance and volunteers met with dozens of legislators in Tallahassee this month to discuss condominium safety, warranty protections for new developments, and protecting the integrity of estoppels and resale disclosure documents. Formed in 1987, the CAI-Florida Legislative Alliance is a diverse group of homeowner leaders, community managers, and community association business partners who provide perspective on how proposed legislation could impact Floridians living and working in community associations. Below are details of the laws and issues.
SB 4D Building Safety Law: The comprehensive building inspection and reserve study legislation passed in 2022 during the Florida special session. This law has a tremendous impact on homeowners and the industry. CAI submitted legislative language to make it more practical for communities, including:
- Limit milestone inspections and structural integrity reserve studies to residential condominiums (and buildings containing residences/dwelling units).
- Define the term “3 stories in height” and clarify that milestone inspections are not required for villas or townhouses with 3 or less habitable stories.
- Clarify the initial deadline for milestone inspections and direct local authorities to begin enforcement proceedings upon noncompliance.
- Clarify the term “coastal” to include major waterfront cities like Tampa and Miami.
- Expand the criteria applicable to preparers of structural integrity reserve studies.
- Clarify that mandatory reserve funding applies to the items included in the structural integrity reserve study.
- Replace the reference to “condominium’s creation” with the date of the certificate of occupancy in §718.112(2)(g)1., Florida Statutes.
- Clarify that the structural integrity reserve study must include items for which the association is responsible for maintenance, care, repair and/or replacement.
HB 85 Construction Defect Claims. CAI-FLA opposes this bill in its current form. HB 85 allows the statute of limitations to run prior to the start of construction of townhomes and single-family homes. Add in the shortened repose period from 10 to 7 years, and homeowners lose their right to warranty protection to recover from construction defects before the community has transitioned to the homeowners from developer control.
Estoppel certificates are a compilation of current, community-specific information about expenses, covenants, codes, and restrictions, contact information, building safety, financial information, and other important information for prospective homebuyers to review before they purchase a home. Estoppels provide critical consumer protection information for buyers. Language was passed three years ago properly addressing the issue. CAI does not want amendments to this statute, as they will compromise consumer protection.
Click here for current legislation tracked by CAI’s Florida Legislative Alliance.
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