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Construction law Section Chairs : AdamBild – BildLaw & DebbieCrockett – CheffyPassidomo , PA
Shortly after 1 a . m . on June 24 , 2021 , a 12-story beachfront condominium in Surfside , Florida , collapsed . Over the next four weeks , rescue workers from around the country sifted through approximately 22 million pounds of rubble to save those they could . 1 The tragedy took the lives of 98 people .
The Surfside Condo Collapse stunned everyone , especially Floridians . How could this happen ? Are there no statutes or regulations to prevent such a tragedy ?
Chapter 718 of the Florida Statutes governs condominiums . It establishes requirements for condominium creation and certification , condominium associations , declarations and bylaws , and the member voting process , among other things . Under Chapter 718 , condominium associations are responsible for building maintenance , but their boards may be comprised of
laypersons with little to no technical knowledge regarding the construction or management of large multi-family properties . 2
Chapter 718 does not provide a manner or timeframe by which a condominium association must inspect its building for structural integrity or make structural repairs . Florida ’ s 67 counties may adopt their own maintenance or recertification requirements for condo miniums . However , only two counties in Florida — Miami-Dade and Broward — require that condominium buildings be recertified for structural and electrical systems . Further , those two counties require recertification only after 40 years , and then every 10 years thereafter .
onlytwocountiesin floridarequirethat condominiumbuildings berecertified forstructuraland electricalsystems .
In practice , the maintenance of condo minium buildings may also depend on a condominium association ’ s ability to garner funds from their residents . Naturally , residents do not want to pay for costly maintenance that may only be necessary every decade — especially if they plan to sell their units . This could result in deferred or delayed maintenance , which ultimately could jeopardize the safety of the residents .
Following the Surfside Condo Collapse , Florida lawmakers searched for solutions . The Florida Bar assembled a task force of experts to evaluate the current condominium laws , and recommend amendments to the state legislature and the governor . The Task Force focused its efforts on maintenance , inspections , and
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