The 2022 collapse of Champlain Towers South in Surfside set off a wave of Florida legislation that fundamentally changed the obligations of condominium associations -- and by extension, the financial exposure of unit owners and the property managers who advise them. SB 4-D and the follow-on bills passed in 2023 and 2024 created new requirements for structural inspections, reserve funding, and financial transparency that property managers working with condo clients need to understand.

What the 2023 and 2024 Reforms Require

Florida SB 4-D, enacted in a 2022 special session, created the foundation for the new requirements. For condominium buildings three stories or taller, the law mandates milestone inspections by a licensed engineer or architect: the first inspection must occur by the time the building reaches 30 years of age (25 years for buildings within 3 miles of the coastline), with subsequent inspections every 10 years thereafter. The milestone inspection assesses the structural integrity of load-bearing walls, floors, roofs, and other primary structural members.

The law also requires a Structural Integrity Reserve Study (SIRS) for covered buildings. The SIRS is a more detailed analysis than a traditional reserve study -- it identifies the current condition of specified structural components, estimates the cost to repair or replace each component, and calculates the reserve funding needed. Most associations were required to have a SIRS completed by December 31, 2024. Follow-on legislation passed in 2023 clarified deadlines and adjusted some requirements, but the core obligation remains.

KEY REFORM REQUIREMENTS AT A GLANCE
Milestone inspection -- firstAge 30 (25 years if within 3 miles of coast)
Milestone inspection -- subsequentEvery 10 years after initial inspection
SIRS deadlineDecember 31, 2024 (most buildings)
Reserve waiverEliminated for SIRS-covered structural components
Financial reportingUpdated reserve funding disclosures required

The Reserve Funding Requirement and Why It Matters

Before SB 4-D, Florida condo associations could vote to waive or reduce reserve contributions -- a practice that allowed associations to keep monthly dues lower but often resulted in severely underfunded reserves. For structural components covered by the SIRS, this waiver option has been eliminated. Associations must now fund reserves at the level calculated in the SIRS, which in many cases means dramatically increasing monthly assessments.

For property managers advising clients who own condo units, this is significant. Associations that were previously underfunded now face the obligation to bring reserve accounts up to the required levels relatively quickly, which creates upward pressure on both monthly dues and the likelihood of special assessments. Buildings that have deferred significant maintenance -- concrete restoration, roof replacement, waterproofing -- may need to fund those repairs at the same time they are building the required reserves.

How Assessments Work When a Condo Association Is Underfunded After a Hurricane

When a hurricane causes significant damage to a condo building, the repair costs are first applied against the association's insurance coverage. The association's master policy typically covers the building structure and common elements, but it carries a hurricane deductible -- often 3% to 5% of the total insured value, which can reach into the hundreds of thousands of dollars for a mid-size building. That deductible is the association's responsibility.

If the association lacks sufficient reserves to cover the deductible and any repair costs not covered by insurance, the board levies a special assessment against all unit owners. The assessment is proportionate to each unit's ownership share (typically reflected in the unit's undivided interest percentage as stated in the declaration). For unit owners, this is a real and potentially large financial obligation.

SPECIAL ASSESSMENTS ARE COLLECTIBLE OBLIGATIONS

A unit owner who cannot pay a special assessment faces the same consequences as a delinquent on regular dues: the association can lien the unit and pursue collection. Property managers advising clients who own condo units should flag the risk of underfunded associations before acquisition, not after the assessment is levied. Reviewing the reserve study and the association's current reserve balance is a basic due diligence step.

Loss Assessment Coverage for Unit Owners

Loss assessment coverage is an endorsement on an HO-6 (condo unit) policy that pays the unit owner's share of a special assessment levied by the association following a covered loss. When the association's hurricane deductible is passed to unit owners as a special assessment, loss assessment coverage on the HO-6 policy pays that bill up to the policy limit.

The default loss assessment limit on many HO-6 policies is $1,000 -- which is almost certainly inadequate for a building with a six-figure hurricane deductible. Property managers advising clients who own condo units should recommend that their clients confirm their HO-6 policy carries a meaningful loss assessment limit, typically $25,000 to $50,000 for buildings in hurricane-prone areas. The additional premium for increased loss assessment limits is generally modest.

Advising a Client Whose Condo Association May Be Struggling with Reserve Compliance

If a property manager's client owns a unit in a building that has not yet completed the required milestone inspection or SIRS, or that has disclosed a significant reserve shortfall, the practical next steps are: request the association's most recent financial statements and reserve study to understand the current funding level; review any communications from the board about planned special assessments or dues increases; confirm that the unit owner's HO-6 policy includes adequate loss assessment coverage; and consider the overall financial health of the association when evaluating whether to retain the property as a rental investment.

REVIEW MILESTONE INSPECTION RESULTS BEFORE ACQUISITION

When a property manager is evaluating a condo unit for a prospective landlord client, request any available milestone inspection reports as part of due diligence. A milestone inspection that identifies significant structural concerns signals that major repair assessments may be coming. This information is material to the investment decision and should be factored into the purchase price analysis and reserve planning.

What to Look for in HOA Documents Before Taking on a Condo Management Client

Before agreeing to manage a condo unit, a property manager should review the following documents from the association: the most recent reserve study or SIRS; the association's current operating budget and financial statements; the master insurance policy declarations page (to understand the hurricane deductible and the coverage standard -- bare walls in vs. all in); any pending special assessment notices; and the most recent milestone inspection report if the building is of applicable age. These documents reveal whether the association is financially stable or heading toward significant assessments that will affect the unit owner's net return.

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The Bottom Line

Florida's post-Surfside condo reforms created real new obligations for associations and real new financial exposure for unit owners. Property managers who understand the milestone inspection requirements, the reserve funding mandate, and how special assessments work are better positioned to advise their clients accurately and identify high-risk buildings before problems materialize. For related guidance, see condo association vs. unit owner claims in Florida, Florida loss of rents insurance, and Florida property manager legal responsibilities after a hurricane.