In early May, construction crews in Clearwater, Florida, were working on the parking garage of the South Beach III Condominiums when they discovered a significant structural issue: a several-foot-wide crack in a concrete support pillar. Recognizing the potential danger, the workers promptly reported the problem, fully aware of the tragic consequences that could arise from neglecting such signs, especially in light of the 2021 Surfside condo collapse that resulted in the loss of 98 lives.
Within two hours of the discovery, firefighters were alerting residents in the 12-story building, urging approximately 60 individuals to evacuate immediately, instructing them to take only essential belongings as they left their homes.
Evacuation and Immediate Response
Scott May, a resident of the condo, later recounted that he initially had to make do with the same clothes for two days while the situation unfolded. Engineers worked swiftly to address the issue, and one week later, after installing heavy shoring, they deemed the column stabilized. Most residents were permitted to return, but those living in units directly above the compromised column found themselves in a precarious position, unable to return to their homes.
Residents who were allowed back had to accept a set of new conditions: no construction or remodeling without approval from the board, restrictions on deliveries exceeding 75 pounds, and closed balconies situated above the damaged pillar. These measures reflect the ongoing impact that the Surfside tragedy has had on condominium safety regulations.
The Impact of Surfside: How One Tragedy Rewrote Florida Laws
The collapse of the Champlain Towers South condominium in Surfside, Florida, in 2021 revealed critical flaws in the state’s building safety oversight that had existed for decades. In response to this disaster, Florida lawmakers enacted Senate Bill 4-D in 2022, a significant piece of legislation known as the milestone-inspection law, which introduced stringent requirements for condominium safety.
Key provisions of the bill include mandatory structural reviews for condos of three stories or more, requiring them to undergo a milestone inspection by a qualified architect or engineer 30 years after their completion, or 25 years if located within three miles of the coastline. Additionally, re-inspections must occur every ten years thereafter.
The legislation also prohibits the practice of reserve waivers, compelling condominium associations to adequately fund reserves for major repairs. Board members who fail to comply with this requirement can be held personally liable, underscoring the seriousness of maintaining building safety.
Condo Residents Face New Challenges
The repercussions of these new regulations have led to the closure of numerous condo towers for extended periods. A high-profile example includes Miami Beach’s Castle Beach Club condominium, where the onsite spa, known as the Russian & Turkish Baths, was forced to close for structural repairs in 2022. It took three years for the spa to reopen, during which time parts of the 570-unit building were off-limits, placing a significant financial burden on homeowners through steep special assessments.
Another notable case is Winter Park Woods, near Orlando, where monthly dues more than tripled in response to the HOA board’s urgent need to comply with the new reserve legislation. In one instance, a resident’s monthly HOA fees surged from $634 to over $2,100. This dramatic increase in costs has led some long-time owners to face foreclosure or resort to fire-sale listings of their units.
While state officials like Rep. Vicki Lopez, the bill’s sponsor, assert that the financial impact is worthwhile for enhancing safety, residents feel the strain of these changes. Lopez emphasized the need to balance tenant safety in condos with an understanding of the financial ramifications these regulations impose on residents.
What to Do If You’re Evacuated for Structural Issues
Being forced to evacuate your home due to structural concerns is distressing and unexpected. However, understanding the steps to take can help you navigate the disruption more smoothly. Here’s a guideline on what actions to consider if you find yourself in this situation:
-
Get Documentation. Obtain written confirmation explaining why the building is unsafe and how long repairs are anticipated to take. Under Florida’s condo law, the board is obligated to share safety findings with owners and tenants upon request.
-
Call Your Insurance Company. Reach out to your homeowners’ insurance provider. Most standard condo policies include Loss of Use coverage, which can reimburse expenses for hotel stays, short-term rentals, and even pet boarding while your unit is uninhabitable. Remember to keep all receipts related to these expenses, as your insurance may require them for reimbursement.
-
Talk to Your Lender. Evacuating does not halt your mortgage obligations. Contact your lender to discuss options such as short-term forbearance that could assist you in covering relocation costs while repairs are made. Depending on policies, you may be allowed to defer payments temporarily and add them to the end of your mortgage term.
-
Look for Government Assistance. Research any local programs that may provide assistance, as federal aid may be limited. Programs like FEMA typically require a federal disaster declaration to qualify, which may not be applicable for structural defects noticed before a major incident.
-
Document Everything. If it’s possible, gain limited access to your condo to take photos of valuables and gather important documents. Back these photos up to a cloud service for safety. Maintaining clear records, including emails, notices, and receipts related to the situation, will be crucial when filing insurance claims or seeking tax relief.
Conclusion
Navigating the complexities of condo living, especially in the aftermath of disasters like the Surfside collapse, requires both awareness of new legislation and an understanding of practical steps residents can take in emergencies. The changes may enhance safety but can also lead to significant financial challenges for residents. Information and preparedness are key in ensuring that individuals and families can successfully manage unexpected disruptions to their housing situation.
