Page 2 - Boca ViewPointe - September '22

Page 2, Viewpointe September 2022
New Building Inspection Requirements

The proverb “time and tide wait for no man” may be no further action is necessary until the next required and penalties as to compliance with the milestone
true, particularly regarding the impact of the sunny, salty, inspection. However, if structural deterioration is detected, inspection requirements. Individual counties may adopt
and windy conditions on structures along Florida’s coasts. a second phase of more thorough testing is required. Such ordinances requiring condominium associations to
However, a recent law requiring periodic inspections of inspections may potentially cost tens of thousands of schedule or commence repairs for substantial structural
buildings will help protect community associations and dollars for certain buildings. The State will provide more deterioration within a specified time after receipt of the
the millions of people who live in condominium units detailed information regarding inspection criteria before second phase inspection report, provided that repairs
from the harsh reality revealed by that expression. These the inspection deadline occurs as the Florida Building commence no later than three hundred and sixty-five
new safety measures may impact associations’ finances Commission is required to review the new inspection days after receipt of the report.
but careful planning ahead should mitigate against any requirements and make recommendations to the Governor Your attorney may assist with questions concerning
severe impact on condominium unit owners. and legislature by the end of this year. Additionally, on compliance with the new law as well as with measures
Recently, and almost a year after the catastrophic or before January 1, 2023, condominium associations which may be taken to adequately prepare for the expense
collapse of Champlain Towers South in Surfside, must report to the Division of Florida Condominiums, of inspections and related requirements.
Governor DeSantis signed into law requirements, Timeshares and Mobile Homes information regarding the Our next two (2) columns will address other aspects of
unanimously approved by both chambers of the legislature number of buildings on the condominium property that the new safety laws such as the requirements for reserve
for periodic inspections based on the age and location of are three (3) stories or higher and related information. studies, collection of adequate reserves to fund repairs
buildings and for association condominium boards to set Noncompliance with the above inspection requirements and the transparency now required of condominium
aside sufficient reserve money to cover future repairs. may result in a determination that a building is unsafe associations in these areas.
Though the law took effect on May 26th, condominium for occupancy. Local enforcement agencies (i.e. City or
buildings within the “milestone” age requirements have County) are delegated the ability to prescribe timelines Sachs Sax Caplan, P.L., Peter S. Sachs 
until December 31, 2024, to comply with the inspection
requirements. The milestone requirements apply to
condominium buildings three (3) stories or higher and
require that the following be re-certified as safe: (i) all
buildings thirty years old or older; and (ii) those buildings
at least twenty-five years old and within three (3) miles
of the coast. Every ten (10) years after that, all buildings
to which the statewide structural inspection program
applies must be re-certified again. Generally, initial
milestone structural inspections must be conducted by
December 31st of the building’s 30th or 25th year based
on the date the certificate of occupancy for the building
was issued and depending upon its location in relation to
the coast. The new laws will not apply to most Chapter
720 Homeowners Associations provided that none of the
structures within the community are three (3) stories or
higher.
There are two (2) phases for mandatory inspections.
If a visual inspection by a licensed engineer or architect
reveals no signs of substantial structural deterioration,

On behalf of The Club at Boca Pointe we
would like to remind our residents that NO
walking, running, bicycle riding or dog walking
is permitted on the golf course or golf cart
paths. For safety reasons, the
paths are for golf carts only.

Thank you for
cooperating with The
Club's policy. 

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