The Institute of Social Associations reviews key public policy recommendations regarding housing safety

Just days before the two-year anniversary of the tragic partial collapse of Champlain Tower South, the Institute of Community Associations announced several major changes to its recommended housing safety policies and reforms. CAI, which is the leading organization representing the interests of community associations, has revealed that it is now recommending a statutory requirement for all community associations to have research reserves and funding.

For nearly 40 years, public policy recommended by the organization has called for leaving funding for reserves and research to individual associations rather than mandates under state law. That began to change after Surfside established three specialized task forces to examine changes in regulations and best practices that could help prevent a similar disaster.

The task forces recommended CAI review and update its research on reserves and public policy financing, which was originally established in 1983 and last updated in 2012. The organization has now acted on this suggestion, and the changes go well beyond the call for new state mandates.

The new policy now also recommends that developers introduce additional requirements for inspections during the development process and before the home is handed over to owners, as well as periodic inspections after possession of the property. It also addresses structural integrity through statutorily required inspections based on American Society of Civil Engineers protocols, beginning when buildings reach 10 years of age, then again after 20 years, and every five years thereafter.

The new public policy recommendations also provide useful details and suggestions to enable communities to transition to these new requirements while avoiding financial burdens on owners and associations.

CAI develops its public policy to guide its volunteers and staff in their advocacy efforts. Any current member may propose public policy for consideration, and all public policies are reviewed by CAI chapters, state legislative action committees, member representation groups, the College of Community Association Lawyers, and the CAI Board of Trustees.

The organization’s efforts have helped lead legislative reforms to condominium safety in Florida, which is leading the charge with new inspection and reserve mandates it has implemented.

During this year’s legislative session, state lawmakers made changes to last year’s reforms. Core inspections were to be required for buildings that had been occupied for 30 years (25 years if located within three miles of the shoreline), with additional inspections required every 10 years thereafter. Currently, buildings within three miles of the shoreline can be inspected after 30 years of use, but local officials may require inspections after 25 years of use, depending on “local conditions, including environmental conditions such as proximity to salt water.”

Last year’s reforms also required that apartments of three stories or higher undergo structural integrity reserve tests for repairs to items such as roofs, load-bearing walls and fire protection systems. The new act extends the deadline for completing these studies to January 1, 2025 and specifies the elements that must be included in the structural integrity reserve study. It also clarifies that for a budget adopted on or after December 31, 2024, associations will not be able to vote to waive reserves for items included in the Structural Integrity Reserve Study.

CAI has now established a Task Force on Building Maintenance Policy and Structural Integrity, which is reviewing new data on aging building infrastructure. The task force will likely develop new policy recommendations related to façade maintenance, inspections and safety in fall 2023. Visit www.CondoSafety.com for additional information on all of the organization’s public policies and recommendations regarding safety and structural integrity.

Laura Manning-Hudson is a shareholder in the South Florida law firm of Siegfried Rivera, which is board certified as an expert in community association law by The Florida Bar. She is one of the most prolific authors of the firm’s blog on association law at www.FloridaHOALawyerBlog.com. The firm has offices in Miami-Dade, Broward and Palm Beach counties, and its attorneys focus on real estate, community association, construction and insurance law. www.SiegfriedRivera.com, [email protected]305-442-3334.