DeSantis pushes for reforms to ease financial strain on condo owners

by | Sep 9, 2024



Gov. Ron DeSantis is pushing for reforms to Florida’s condominium safety regulations, which were introduced after the 2021 Surfside collapse, aiming to ease the financial strain on condo owners facing steep assessment costs due to mandatory inspections and reserve funding requirements.


Gov. Ron DeSantis is advocating for legislative reforms aimed at alleviating the financial pressures facing Florida condominium owners, stemming from new safety regulations introduced after the tragic 2021 Surfside condominium collapse.

As key deadlines for mandatory inspections and reserve funding requirements approach, DeSantis and state lawmakers are exploring potential solutions, including extended compliance deadlines and financial assistance for condo associations.

The regulations, passed in response to the Surfside collapse that claimed ninety-eight lives, mandate condominium associations to conduct structural inspections and establish reserve funds for future repairs. While designed to prevent future disasters, these measures have placed a financial burden on some condo owners, particularly those in older buildings. In many cases, associations have historically failed to build sufficient reserves, leading to sudden and substantial assessments as they race to meet the December 2024 compliance deadline.

At a roundtable event on Monday in Miami, several condominium owners expressed concerns about the financial strain these assessments are placing on their ability to remain in their homes. Doris Gonzalez, a condo owner, reported that her monthly homeowners association (HOA) fees increased from $900 to $1,300, along with a one-time $15,000 special assessment for essential repairs. Many retirees on fixed incomes find themselves in similar predicaments, struggling to cope with unexpected cost increases.

“We don’t want to see people forced out of a unit because they have a crushing assessment.” DeSantis said during the event. “I know that there that there may be more to do, so that’s why we’re here. I think that the Legislature, given that the deadlines are coming, by the end of the year, we’ll have opportunities in this calendar year to be able to provide some reforms and relief as appropriate.”

In response to the presented concerns, DeSantis and legislators are considering several legislative adjustments, including extending the compliance deadlines for inspections and reserve funding. One potential solution is delaying the December 2024 deadline, giving condominium associations additional time to meet safety requirements without imposing immediate, large-scale assessments on residents.

“It sounds like there are a lot of condo unit owners who are just not in the financial position to pay large assessments on such short deadlines,” the governor commented. “We want our condos to be safe in the state of Florida, but we also want to make sure that any safety measures are implemented in ways that are reasonable and affordable to to the residents.”

Another proposal under discussion involves providing low- or no-interest loans to condominium associations or individual unit owners. The loans would help cover repair costs and reserve contributions, allowing owners to spread the financial burden over a longer period. Several condo owners expressed support for this option, seeing it as a way to ease the financial impact while ensuring that necessary repairs are still completed. Lawmakers are also considering phasing in the reserve requirements over several years, allowing associations to build reserves gradually.

The role of community association managers, who are often employed to oversee the management of condominium buildings, were also called into question at the event. Several participants raised concerns about alleged financial mismanagement by those in the role, with some associations opting for self-management to avoid these issues. Kevin Patrick Cortina, president of a condominium association, shared how his building faced financial difficulties due to poor management by a community association manager, ultimately leading the association to self-manage despite the administrative challenges.\

“I think there’s been a lot of mismanagement with some of these associations over the years,” said DeSantis. “It’s just [something] that’s developed over a long time. We’ve taken some good steps to help provide more transparency and accountability. But I know that there that there may be more to do.”

According to a Redfin report released last month, major metro including Tampa, Orlando, and Fort Lauderdale have seen double-digit increases in HOA fees, with Tampa experiencing the steepest rise at 17.2 percent. The sharp uptick is largely attributed to the new safety regulations, as associations are now required to conduct regular structural inspections and reserve additional funds for repairs.

The higher fees were found to be affecting Florida’s condo market, as sale prices in several cities, particularly Jacksonville and Tampa, are beginning to decline. Many associations have also imposed special assessments, further compounding the burden on owners, leading to a wave of forced sales and relocations.

Despite this, Florida Senate President Kathleen Passidomo rejected calls in August for a special session to revise the state’s condominium safety and reserve funding laws, stating that any changes should be addressed during the regular legislative session. In a memo sent to Florida Senators, Passidomo argued that while condo safety is critical, revisiting the regulations passed after the Champlain Towers collapse should undergo a thorough review during the normal legislative process, allowing for collaboration and stakeholder input. She dismissed suggestions for a special session, stating that such matters would be better addressed in the upcoming regular session following the post-election reorganization.

Passidomo acknowledged the financial strain the laws may impose on some condo owners, particularly those on fixed incomes, but said that the regulations are necessary to ensure the structural integrity of buildings and the safety of residents.

“I am increasingly concerned by what I see as a growing narrative, ripe with misconceptions and inaccuracies, regarding the condo safety legislation passed in the years following the devastating collapse of the Champlain Towers in Surfside,” Passidomo wrote in the memo. “Some have suggested a special session be called to address or alter existing safety and reserve funding requirements and other related issues. I do not agree. I have no intention at the present time of utilizing my authority as Senate President to convene a special session.”

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