05/09/2023
Tuesday Tips for buying real estate: Florida Condo Regulation Updates and What To Know Before Purchasing A Condo.
In 2021 the country watched in horror as the Surfside Condominium Collapsed resulting in 98 tragic deaths. Recently, Florida passed a law that will massively change how condominiums are managed and the process for buying a condo in Florida.
Starting in 2025, the new Florida State Law will require condominium boards of buildings that are three stories or higher to set aside money to cover the cost of future major repairs. I’m sure most of you are thinking, “but isn’t that what my current HOA/Condo Fees cover?” The short answer is, no. These newly assessed fees will cover major repairs like plumbing replacement, concrete restoration, impact windows, roofs, etc.
To get a true estimate of how much money the condo boards should set aside, they are being asked to hire engineers to complete structural reserve studies to be completed before the end of 2024. These studies will analyze the board’s finances and the potential repair costs.
Florida has 50% more associations that do not have the recommended reserve amount than any other state. This is because, previously, under state law, associations could choose to waive reserves and address any issues in the future, so they did not have to collect funds. Many condo owners opted for the waive option, thus delaying necessary repairs and upgrades much longer than they should have.
Now, the board will have two options; collect a small amount of money monthly to put aside for a rainy day, or do what’s called a special assessment, where everyone in the building would pay a one-time (large) fee for specific projects when they’re required. Fortunately, the special assessment can usually be paid over several months, but if the unit owner sells their condo, they’re required to pay that special assessment in full, usually from their sale proceeds.
After the Surfside Collapse, many other condominium buildings, who previously were waiving reserve funds, are facing major special assessments for $40,000, $50,000, $60,000, and even $100,000 or more. Imagine the horror of buying a condo and finding out 30 days later that there’s a special assessment for $50,000 that you had no idea about and now you must figure out how to pay for it!
Fortunately, when you’re working with a trusted Realtor, they can educate you on the documents (listed below) needed to ensure these surprises don’t come up! It’s not enough to obtain this information, though, it’s important to read through it with your Realtor and make sure you are fully aware of what you may be getting into with purchasing a particular condo.