Florida Milestone Inspections Requirements (PDF)
Milestone Inspections for Florida Condominium History:
In June 2021 a residential condominium building in Surfside, FL, collapsed, causing the death of 98 people. In May 2022 the Florida government reacted by enacting mandatory structural inspections for aging condominiums (FL Statute Section 553.899), called a “milestone inspection,” intended to increase building safety.
What is a milestone inspection?
It is an inspection of the building’s structural integrity and includes inspection of the load-bearing walls and other structural elements designed to provide support and stability for the overall structure.
Who needs a milestone inspection?
All condominiums and cooperative buildings in the state of Florida that are three or more stories in height, when the building reaches a certain age, based on the issued certificate of occupancy, are required to have milestone inspections as follows:
- 30 years of age and every 10 years thereafter, or
- 25 years of age and every 10 years thereafter if the building is located within three miles of a coastline.
If a milestone inspection is required and the building’s certificate of occupancy was issued on or before July 1, 1992, the building’s initial milestone inspection shall be performed before December 31, 2024.
What is the purpose of the milestone inspection?
The purpose of the milestone inspection is to determine if evidence of substantial structural deterioration (meaning structural distress that negatively affects a building’s general structural condition and integrity) can be identified. Surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes do not need to be documented as part of the milestone inspection unless they are considered a sign of substantial structural deterioration. The purpose of the milestone inspection IS NOT to determine compliance with the Florida Building Code or the fire safety code.
Who can perform a milestone inspection in Florida?
An inspection can be performed by a licensed architect or engineer authorized to practice in the state of Florida who is qualified to attest to the general structural condition of the building and any necessary maintenance, repair, or replacement of any structural component.
How is a milestone inspection to be performed?
The licensed architect or engineer conducts the milestone inspection in the following phases:
- Phase 1—Consists of a visual examination of the major structural components to determine if evidence of substantial structural deterioration is present. Upon completion of the inspection, a report is submitted to the building department. If no signs of substantial structural deterioration are found, phase 2 of the inspection is not required.
- Phase 2—Performed if any substantial structural deterioration is identified during phase 1. A phase 2 inspection may involve destructive testing to confirm if the building is structurally sound and safe and to recommend a program for assessing and repairing distressed and damaged portions of the building.
What is included in the milestone inspection report(s)?
- A list of the material findings and recommendations
- A description of the manner the inspection was performed
- An identification of all substantial structural deterioration and repair recommendations
- A determination of whether unsafe or dangerous conditions were identified
- A recommendation for remedial or preventive repair of non-substantial structural deterioration damage
- An identification of items requiring further inspection
- A separate summary of findings (see below)
- Signature and seal on all reports by the licensed engineer who performed the inspection
What happens after the milestone inspection is completed?
- The association receives a copy of the milestone inspection report(s).
- The association must distribute a copy of the inspector-prepared summary of the inspection report to each condominium unit owner or cooperative unit owner.
- The association must post a copy of the inspector-prepared summary in a conspicuous place.
- The association must publish the full report and inspector-prepared summary on the association’s website if the association is required to have a website.
Structural Integrity Reserve Studies
The law requires reserves to be funded, and the study determines the reserve funds required for future major repairs and replacement of the common area based on visual inspection of the common areas.
Requirements of the Study Include:
- Visual inspection performed by an individual certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts.
- Identification of common area elements inspected.
- Estimated remaining useful life of each element.
- Replacement cost or deferred maintenance expense of each element.
- Recommended annual reserve amount needed for replacement or deferred maintenance expense of each element.
- Studies must be maintained for at least 15 years after completion. Residential condominiums three stories or higher must have structural integrity reserve study every 10 years.
Fiduciary & Financial Requirements
- Effective December 31, 2024, unit-owner controlled associations must properly fund items identified in the structural integrity reserve study.
- Using or reducing these funds is prohibited and funds can only be used for the specific item identified in the study.
- It is a breach of a board member or officer’s fiduciary duty if an association fails to complete a structural integrity reserve study.
- It is a breach of the director or officer’s fiduciary duty if an association fails to properly fund reserves related to items identified in the Structural Integrity Reserve Study.
- Failure to comply with SB-4D can result in personal liability on the part of board members.
Minimum Inspection Requirements
- Roofs
- Load bearing walls
- Primary structural members as defined in s.627.706
- Floors
- Foundations • Fireproofing & fire protection systems
- Plumbing
- Electrical systems
- Waterproofing & exterior painting
- Windows and exterior doors
- Any item with a deferred maintenance expense or replacement cost that exceeds $10,000, if failure to replace or maintain negatively affects the building’s structural integrity.
