What to Do When Your Condo Board Ignores Building Safety Issues in Florida

Key Takeaways

• Florida law requires milestone inspections for condominiums three stories or higher starting at 30 years. Section 553.899, Florida Statutes, mandates that buildings subject to the condominium form of ownership complete a milestone inspection by December 31 of the year they reach 30 years of age, based on the certificate of occupancy, and every 10 years thereafter.
• A structural integrity reserve study (SIRS) must be completed at least every 10 years. Section 718.112(2)(g), Florida Statutes, requires residential condominium associations to conduct a SIRS for each building of three habitable stories or higher, covering the roof, structure, fireproofing, plumbing, electrical systems, waterproofing, windows, and all items with a deferred maintenance cost or replacement cost exceeding $25,000.
• SIRS reserves cannot be waived or reduced for buildings subject to the requirement after December 31, 2024. The Legislature eliminated the ability of associations to waive or reduce reserve funding for SIRS items, protecting unit owners from underfunded buildings.
• Board members who willfully fail to complete the SIRS are in breach of their fiduciary duty. Section 718.112(2)(g), Florida Statutes, specifically provides that willful failure to complete the SIRS constitutes a breach of the fiduciary duty imposed by Section 718.111(1)(d).
• Unit owners may enforce compliance and recover attorney fees. Section 718.303, Florida Statutes, authorizes enforcement actions against associations that fail to comply with Chapter 718, and the prevailing party is entitled to reasonable attorney fees and costs.

In This Article

• Short Answer
• How Florida Law Handles This Issue
• Key Legal Rules
• Milestone Inspection vs. SIRS Comparison
• How This Issue Typically Comes Up
• Common Mistakes Associations Make
• What Associations Typically Argue — and Why It Fails
• How Courts Handle This
• Edge Cases and Nuances
• What Homeowners Should Do
• When Legal Action May Be Necessary
• Actionable Summary
• Related Knowledge — Cross-Chapter Linking
• Frequently Asked Questions
• Key Terms Defined

Short Answer

When a Florida condo board ignores building safety issues, unit owners have concrete legal tools to compel action. Florida law now mandates milestone inspections for condominium buildings three stories or higher starting at 30 years of age, and requires structural integrity reserve studies every 10 years covering the most critical building systems. Board members who willfully fail to complete these requirements breach their fiduciary duty to unit owners. Enforcement actions under Section 718.303 carry prevailing party attorney fees, and complaints to the Department of Business and Professional Regulation (DBPR) can trigger regulatory oversight. A Fort Lauderdale, FL condo attorney can help unit owners enforce compliance and address safety-related violations.

How Florida Law Handles This Issue

The collapse of Champlain Towers South in Surfside in June 2021 prompted the Florida Legislature to fundamentally reshape the law governing condominium building safety. Through Senate Bill 4-D (2022) and subsequent legislation including HB 1021 (2024) and HB 913 (2025), Florida enacted mandatory milestone inspection requirements and structural integrity reserve studies that apply to all qualifying condominium buildings throughout the state, from Miami-Dade County to the Tampa Bay area.

Prior to Surfside, Florida law permitted associations to waive reserve funding through a majority owner vote, leaving many aging buildings in a state of deferred maintenance with no dedicated funds to address structural deterioration. The post-Surfside legislative framework closed that gap by creating two independent mandatory safety mechanisms.

Section 553.899(3)(a), Florida Statutes, establishes the milestone inspection requirement:

“An owner or owners of a building that is three habitable stories or more in height as determined by the Florida Building Code and that is subject, in whole or in part, to the condominium or cooperative form of ownership as a residential condominium under chapter 718 or a residential cooperative under chapter 719 must have a milestone inspection performed by December 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.”

Separately, the condominium statute imposes a parallel requirement for comprehensive reserve studies that evaluate structural integrity. Section 718.112(2)(g)1, Florida Statutes, provides:

“A residential condominium association must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three habitable stories or higher in height, as determined by the Florida Building Code, which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building: a. Roof. b. Structure, including load-bearing walls and other primary structural members and primary structural systems as those terms are defined in s. 627.706. c. Fireproofing and fire protection systems. d. Plumbing. e. Electrical systems. f. Waterproofing and exterior painting. g. Windows and exterior doors.”

Underlying both requirements is the fiduciary duty that officers and directors owe to unit owners. Section 718.111(1)(d), Florida Statutes, provides:

“The officers and directors of an association have a fiduciary relationship to the unit owners. The officers and directors of an association are accountable to the unit owners as fiduciaries and must act in good faith and in a manner he or she reasonably believes to be in the best interests of the association.”

The Legislature made explicit that willful failure to complete the SIRS constitutes a breach of this fiduciary duty — a direct and unambiguous signal that compliance is not optional. Buildings in Broward County, Miami-Dade County, and throughout Florida’s coastal communities are subject to these requirements without exception for cost or administrative difficulty.

Key Legal Rules

• Rule: Condominiums three stories or higher and 30 years old must complete a milestone inspection by December 31 of the year they reach 30 years of age, and every 10 years thereafter. Exception: Buildings under three habitable stories are exempt. Application: A Miami-Dade condominium that received its certificate of occupancy in 1994 was required to complete its milestone inspection by December 31, 2024.
• Rule: Associations must complete a SIRS at least every 10 years for each qualifying building. Exception: Buildings under three habitable stories are exempt. Application: A Broward County association that has never conducted a SIRS is in violation of Section 718.112(2)(g) and is exposed to fiduciary liability.
• Rule: After December 31, 2024, associations subject to the SIRS requirement may not waive or reduce reserve funding for SIRS items. Exception: Limited exceptions exist for buildings that have completed certain repairs and obtained engineering certification. Application: An association that holds a vote to waive SIRS reserves after December 31, 2024 is acting in violation of the statute.
• Rule: Willful failure to complete the SIRS constitutes a breach of fiduciary duty by the officers and directors. Exception: None. The statute makes compliance mandatory regardless of claimed cost or administrative burden. Application: Board members who vote to delay or indefinitely postpone the SIRS may be personally liable for breach of fiduciary duty.
• Rule: Unit owners may bring an enforcement action under Section 718.303 to compel compliance with Chapter 718. Exception: Presuit mandatory nonbinding arbitration applies to many disputes under Section 718.1255; emergency injunctive relief is available without arbitration when there is an imminent safety risk. Application: A unit owner who has submitted written demand and received no response may file for arbitration before the DBPR or seek emergency injunctive relief.
• Rule: The association must fund reserves for SIRS items based on the reserve study’s findings. Exception: Funding schedules may be phased in over a transition period for associations that were previously waiving reserves. Application: An association’s failure to fund SIRS reserves while the building deteriorates compounds the fiduciary breach.
• Rule: The prevailing party in an enforcement action under Section 718.303 is entitled to recover reasonable attorney fees and costs. Exception: None. Application: A unit owner who successfully compels the association to comply with the SIRS requirement may recover legal fees from the association.

Milestone Inspection vs. Structural Integrity Reserve Study

Feature	Milestone Inspection (s. 553.899)	SIRS (s. 718.112(2)(g))
Who requires it	Florida Building Code authority / local building official	Florida Condominium Act (Chapter 718)
Trigger	Building reaches 30 years of age (certificate of occupancy date)	Every 10 years after condominium’s creation
Applicable buildings	3+ habitable stories, subject to condo or co-op ownership	3+ habitable stories, residential condo association
Scope	Phase 1: visual inspection by licensed architect or engineer. Phase 2: if substantial structural deterioration found, invasive inspection required	Roof, structure, fireproofing, plumbing, electrical, waterproofing, windows/doors, and any item with deferred maintenance or replacement cost exceeding $25,000
Consequences of noncompliance	Local authority may order evacuation or remedial work; building may be posted as unsafe	Willful failure = fiduciary breach; unit owners may seek enforcement and attorney fees under Section 718.303
Reserve funding link	No direct reserve study requirement, but findings may necessitate SIRS update	Must fund reserves based on SIRS findings; waiver/reduction not permitted after December 31, 2024

How This Issue Typically Comes Up

The board delays the milestone inspection past the statutory deadline

A 34-year-old condominium building in Tampa has not scheduled a milestone inspection. The certificate of occupancy was issued in 1990, meaning the inspection was due by December 31, 2020. The board has acknowledged the requirement at multiple meetings but claims it is waiting for engineering proposals to come in. Four years have passed, no inspection has been scheduled, and the building’s concrete balcony railings show visible cracking and spalling. Unit owners who raise the issue are told to be patient. This pattern — acknowledgment without action — is not a defense to a statutory violation under Section 553.899.

The board waives SIRS reserves claiming the association has no money

A condominium association in Broward County completes its first SIRS, which identifies $4.2 million in needed reserves over the next 10 years. The board proposes a vote of unit owners to waive the reserve funding requirement, arguing that the special assessment would be unaffordable. For any vote occurring after December 31, 2024, this waiver is no longer permissible under the statute. The board’s financial difficulty does not override the Legislature’s policy judgment that underfunded reserves at aging buildings present an unacceptable public safety risk.

Concrete deterioration is visible but the board takes no action

An owner in an Orlando-area high-rise notices cracking concrete columns in the parking garage and spalling along the building’s exterior. She reports the condition to the board in writing. The board sends back a form letter stating the condition is “being monitored.” No engineer is retained, no inspection is ordered, and no report is presented to owners. This pattern of monitoring without action may constitute willful disregard of the building’s structural integrity, particularly when the building is past its milestone inspection due date.

Common Mistakes Associations Make

• Treating the milestone inspection as optional or subject to budget constraints. Section 553.899 is not a guideline — it is a statutory mandate with a fixed deadline tied to the building’s certificate of occupancy.
• Confusing the milestone inspection with the SIRS. They are separate, independent requirements with different triggers, different scopes, and different consequences. A building may be compliant with one and in violation of the other.
• Attempting to waive or reduce SIRS reserve funding after December 31, 2024. The post-Surfside legislation eliminated this option for buildings subject to the SIRS requirement. Holding a waiver vote does not create legal cover.
• Failing to communicate inspection findings to unit owners. Both the milestone inspection and the SIRS must be provided to unit owners and prospective purchasers. Withholding results from owners is a separate violation.
• Assuming small cosmetic repairs satisfy the inspection requirement. Phase 2 of the milestone inspection may require invasive testing if substantial deterioration is found in Phase 1. Painting over cracks does not substitute for engineering evaluation.

What Associations Typically Argue — and Why It Fails

“We can’t afford the inspection or the reserve funding right now.”

Financial difficulty does not suspend statutory compliance obligations. The Legislature enacted these requirements specifically because underfunded associations at aging buildings created catastrophic safety risks. If the association cannot fund required reserves through existing assessments, it has the authority — and the obligation — to levy a special assessment. The board’s claim that it cannot afford compliance is, in effect, a claim that unit owners’ safety must wait for a more convenient budget cycle.

“We are in the process of getting bids and evaluating vendors.”

A reasonable evaluation period for an imminent inspection is defensible. A multi-year delay with no contracts executed, no engineers retained, and no timeline established is not. Courts and DBPR investigators look at the association’s actual conduct, not its stated intentions. If the records show no action, the defense fails.

“The building looks fine to us.”

Board members are not licensed structural engineers, and visual inspection by non-professionals does not satisfy the statutory requirement. The milestone inspection must be performed by a licensed architect or engineer. A board’s lay opinion that the building appears sound does not fulfill — or even inform — the statutory analysis.

How Courts Handle This

Florida courts and DBPR arbitrators evaluate these disputes by examining whether the board took affirmative action to comply with the statutory requirements or whether it allowed time to pass without meaningful effort. The analysis is similar to how courts evaluate maintenance failures: the board must demonstrate that it obtained professional assessments, retained qualified professionals, established a timeline, and communicated with owners.

When board members willfully fail to complete a SIRS, Section 718.112(2)(g) provides explicit statutory language that such failure constitutes a breach of fiduciary duty. This statutory designation removes any question about whether the failure crosses the threshold from negligence to actionable breach. Courts have broad remedial authority under Section 718.303, including the power to order specific performance, appoint a receiver in extreme cases, and award attorney fees to the prevailing homeowner.

Unit owners in Tampa, Miami-Dade, and Broward communities have increasingly turned to DBPR complaints and arbitration as a first step before litigation. The DBPR has authority to investigate associations for violations of Chapter 718 and to recommend enforcement action, which can be a faster and less expensive route than circuit court litigation for straightforward statutory compliance failures.

Edge Cases and Nuances

• Buildings under three habitable stories are exempt from both the milestone inspection and SIRS requirements. A two-story condominium complex is not subject to Section 553.899 or Section 718.112(2)(g). However, the board’s fiduciary duty to maintain the building’s structural integrity still applies — it simply is not enforced through these specific statutory mechanisms.
• Developer-controlled boards and transition. During the developer-controlled period, the developer-appointed board controls the association. Post-Surfside legislation accelerated the timeline for associations to conduct initial SIRS studies. Unit owner boards that take over from a developer should immediately determine whether SIRS and milestone obligations have been satisfied and document any failures the developer left behind.
• The statute includes a pause provision during natural emergencies. If a natural emergency is declared by the Governor, certain compliance deadlines under Section 553.899 may be tolled. However, the pause is not indefinite, and associations should confirm the specific scope of any tolling applicable to their situation.
• Local 25-year requirement for certain buildings near the coastline. Some local jurisdictions in Florida — particularly municipalities in Miami-Dade and Broward Counties — have adopted 25-year recertification requirements for buildings in coastal areas. These local requirements may be more stringent than the statewide 30-year milestone inspection deadline and operate independently of the state statute.

What Homeowners Should Do

1. Determine your building’s age using the certificate of occupancy. Contact your local building department or county property appraiser to confirm the certificate of occupancy date. The milestone inspection deadline is December 31 of the year the building reaches 30 years of age.
2. Request the milestone inspection report and the SIRS in writing. Under Section 718.111(12), unit owners have the right to inspect official records, which include engineering reports, inspection findings, reserve studies, and board meeting minutes discussing compliance. The association must produce records within 10 working days.
3. Review the board meeting minutes for any discussion of the milestone inspection or SIRS. If the board has been on notice of the requirement and has not acted, that record of inaction is critical evidence.
4. Submit written notice to the board demanding compliance. Identify the specific statute, state the building’s age and inspection due date, and request a written response within a reasonable time. Send by certified mail, return receipt requested.
5. File a complaint with the DBPR if the board does not respond. The Division of Florida Condominiums, Timeshares, and Mobile Homes at the DBPR investigates statutory compliance failures. A complaint is a low-cost first step that may prompt action without litigation.
6. Consult a Florida attorney if the board continues to ignore the requirements. An attorney can evaluate whether arbitration under Section 718.1255, a circuit court enforcement action, or emergency injunctive relief is the appropriate next step based on the severity of the conditions and the board’s track record of inaction.

When Legal Action May Be Necessary

Legal action is appropriate when the association has missed a statutory deadline for the milestone inspection or SIRS, when visible conditions suggest structural deterioration that the board is failing to address, or when the board attempts to waive or reduce SIRS reserves in violation of the post-December 2024 prohibition. Unit owners may seek injunctive relief compelling the association to complete the inspection or reserve study, a declaration that the board has breached its fiduciary duty, and attorney fees under Section 718.303. In extreme cases involving imminent danger to residents, emergency injunctive relief may be sought without first completing presuit arbitration procedures.

Actionable Summary

Situation	Your Right	Legal Basis
Board has not scheduled a milestone inspection past the deadline	Demand compliance in writing; file DBPR complaint; seek injunctive relief	Section 553.899, Fla. Stat.
Association has not completed a SIRS in more than 10 years	Demand records; file DBPR complaint; pursue enforcement action	Section 718.112(2)(g), Fla. Stat.
Board votes to waive SIRS reserves after December 31, 2024	Challenge the vote as unlawful; seek declaratory relief	Section 718.112(2)(f), Fla. Stat.
Board ignores visible structural deterioration	Written demand; DBPR complaint; emergency injunctive relief if imminent danger	Section 718.111(1)(d); Section 718.303, Fla. Stat.
Association denies access to inspection reports or SIRS	Records request; $50/day penalty for noncompliance	Section 718.111(12), Fla. Stat.
You prevail in enforcement action	Recover attorney fees and costs from association	Section 718.303, Fla. Stat.

Related Knowledge — Cross-Chapter Linking

Chapter 718 (Condominiums) and Section 553.899 (Florida Building Code): The milestone inspection requirement under Section 553.899 and the SIRS requirement under Section 718.112(2)(g) apply only to condominium and cooperative buildings subject to Chapters 718 and 719, Florida Statutes. These requirements do not apply to homeowners’ associations governed by Chapter 720. An HOA community with buildings it does not own has no equivalent statutory inspection mandate, though the HOA’s governing documents may impose maintenance duties on individual homeowners or the association for common facilities.

Chapter 720 (HOAs): Chapter 720 does not contain provisions equivalent to the milestone inspection or SIRS requirements. HOA homeowners concerned about the structural integrity of common facilities must look to the declaration and Chapter 720’s general maintenance and fiduciary duty provisions, not to Sections 553.899 or 718.112(2)(g). If your community is governed by a homeowners’ association rather than a condominium association, the building safety statutes discussed in this article do not directly apply.

Frequently Asked Questions

What is the difference between the milestone inspection and the SIRS?

The milestone inspection under Section 553.899 is a structural inspection performed by a licensed architect or engineer when a building reaches 30 years of age (and every 10 years thereafter). It determines whether the building’s structural components are in satisfactory condition. The structural integrity reserve study under Section 718.112(2)(g) is a financial and engineering study performed at least every 10 years that quantifies the deferred maintenance and replacement costs for specific building systems, enabling the association to set reserve funding levels. Both are mandatory and independent of each other.

Can the condo board vote to skip the SIRS or waive reserve funding?

No. After December 31, 2024, associations subject to the SIRS requirement may not waive or reduce reserve funding for SIRS items through a unit owner vote. The Legislature eliminated this option specifically because underfunded reserves at aging buildings were identified as a contributing factor to the Surfside collapse and other structural failures.

What happens if the milestone inspection reveals structural problems?

If Phase 1 of the milestone inspection (a visual inspection) reveals substantial structural deterioration, the association must complete Phase 2, which involves invasive testing to assess the extent of the deterioration. The association must then follow the inspection report’s recommendations, which may include emergency repairs, a timeline for remediation, and funding through special assessments or reserves. Failure to follow through on Phase 2 findings compounds the legal exposure of the board and the association.

How do I find out if my building has completed the milestone inspection?

Request the milestone inspection report as part of an official records request under Section 718.111(12). You can also contact your local building department, which should have records of inspections submitted by the association. If you are purchasing a unit, Florida law requires that the inspection report and SIRS be made available to prospective purchasers.

Can I sue the board members personally if they ignore building safety requirements?

Section 718.112(2)(g) provides that willful failure to complete the SIRS constitutes a breach of the officers’ and directors’ fiduciary duty under Section 718.111(1)(d). While Florida’s business judgment rule generally protects board members from personal liability for good-faith decisions, that protection does not extend to willful failures to comply with specific statutory mandates. Consult a Florida attorney to evaluate whether individual director liability is viable in your specific circumstances.

Key Terms Defined

Milestone inspection: A structural inspection of a qualifying condominium building by a licensed architect or engineer, required under Section 553.899 when the building reaches 30 years of age and every 10 years thereafter. Consists of Phase 1 (visual) and, if substantial deterioration is found, Phase 2 (invasive testing).

Structural integrity reserve study (SIRS): A study required under Section 718.112(2)(g) at least every 10 years for qualifying condominium buildings, evaluating the roof, structure, fireproofing, plumbing, electrical systems, waterproofing, windows, and exterior doors, and any item with a deferred maintenance or replacement cost exceeding $25,000.

Phase 1 / Phase 2 inspection: The two phases of the milestone inspection. Phase 1 is a visual inspection of the building’s structural components. Phase 2 is required only if Phase 1 reveals substantial structural deterioration and involves invasive or destructive testing to determine the extent of the deterioration.

Deferred maintenance: The accumulation of necessary maintenance or repairs that an association has postponed, often due to insufficient reserve funding. Post-Surfside legislation targets deferred maintenance by requiring associations to fund reserves for SIRS items and prohibiting waiver of those reserves.

DBPR: The Florida Department of Business and Professional Regulation, specifically the Division of Florida Condominiums, Timeshares, and Mobile Homes. The DBPR investigates complaints against condominium associations for violations of Chapter 718 and has authority to recommend enforcement action and refer matters to the Division of Administrative Hearings.

Conclusion

Florida’s post-Surfside building safety laws represent the most significant expansion of condominium owner protections in the state’s history. Milestone inspections under Section 553.899 and structural integrity reserve studies under Section 718.112(2)(g) are not suggestions — they are statutory mandates with binding deadlines, fiduciary consequences for noncompliance, and enforcement mechanisms that include prevailing party attorney fees. When a condo board ignores building safety issues, unit owners in Miami-Dade, Broward, Tampa, and throughout Florida have the legal tools to demand compliance: written demand, DBPR complaints, arbitration, and circuit court enforcement actions. The law is clear, the stakes are high, and the remedies are real.

About the Author

Michael P. Mayoral, Esq. (Florida Bar No. 112080) is a co-founder of Perez Mayoral, P.A. and leads the firm’s homeowner-side property damage, structural defects, and building safety practice. He represents unit owners in disputes involving milestone inspection failures, SIRS compliance, deferred maintenance, and related claims under Chapter 718. He has been featured by NBC Miami, the Daily Business Review, and the Sun Sentinel on condominium law issues and is the author of a LexisNexis practice guide on Florida condominium disputes.

How We Can Help

If your condominium board is ignoring building safety requirements, the attorneys at our firm can evaluate your building’s compliance status, request the necessary records, and pursue legal remedies to compel the association to act. We represent unit owners only. We never represent associations. Our offices are in Coral Gables, Tampa, and Orlando.

Contact Perez Mayoral, P.A. to schedule a consultation.

Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws change; consult a licensed Florida attorney for advice specific to your situation.

Sources and References

• Section 553.899, Florida Statutes (Milestone Inspections)
• Section 718.112(2)(g), Florida Statutes (Structural Integrity Reserve Study)
• Section 718.112(2)(f), Florida Statutes (Mandatory Reserves)
• Section 718.111(1)(d), Florida Statutes (Fiduciary Duty)
• Section 718.303, Florida Statutes (Enforcement; Prevailing Party Fees)
• Section 718.113(1), Florida Statutes (Maintenance of Condominium Property)
• Section 718.111(12), Florida Statutes (Official Records)
• Senate Bill 4-D (2022) — Condominium Building Safety (Surfside)
• HB 1021 (2024) — Condominium Safety Updates
• HB 913 (2025) — Condominium and Cooperative Safety