The Florida legislative session of 2025 is set to address numerous issues surrounding condominium associations, particularly in light of the aftermath of the 2021 Surfside condo collapse. Governor Ron DeSantis has expressed concern over the unintended consequences of stringent condo safety laws, emphasizing that residents should not be forced out of their homes due to financial burdens imposed by compliance requirements. This stance has led to various legislative proposals aimed at balancing safety with affordability.

Governor DeSantis' Perspective

Governor Ron DeSantis has publicly stated his opposition to regulations that could force residents out of their condominiums. While recognizing the necessity of structural integrity assessments for aging buildings, he has urged lawmakers to ensure that regulations do not lead to widespread displacement. DeSantis initially called for a special legislative session to address this issue, though the session ultimately focused on immigration rather than condominium laws.

His administration is now working to adjust the scope of mandatory inspections, potentially limiting them to buildings six stories or taller instead of the current three-story threshold. Additionally, proposals are emerging to increase transparency and accountability within condo associations while providing financial relief mechanisms for struggling homeowners.

Legislative Background: Surfside Collapse and Non-Compliance Issues

The 2021 Surfside condominium collapse, which claimed 98 lives, led to a wave of legislative reforms aimed at preventing similar tragedies. Senate Bill 4-D was enacted to mandate structural integrity reserve studies every 10 years and require associations to maintain adequate reserves for major repairs. The law also introduced milestone inspections for buildings 25-30 years old with three or more floors.

However, compliance with these mandates has been alarmingly low. In February 2025, Florida's Department of Business and Professional Regulation (DBPR) reported that most of the 11,270 associations subject to these requirements had failed to comply. Despite the significance of these laws, there are currently no criminal penalties for non-compliance, creating enforcement challenges.

Case Study: Non-Compliance in Duval County

Duval County has exemplified the difficulties in enforcing the milestone inspection mandate. Despite multiple public records requests, Jacksonville’s Building Inspection Division initially failed to disclose the total number of condominiums required to submit milestone reports. By February 2024, the city had identified approximately 161 condominium associations but had received only 29 Phase I Milestone Inspection reports. Of these, only one required further Phase II evaluation.

Joshua Gideon, the City of Jacksonville Chief Building Inspection said, “We take the charge from the legislature seriously and have put many hours into developing a practical and efficient approach to Milestone Inspection requirements first established in SB4D. It is essential that building owners, even condo and co-op owners properly maintain their buildings. Deferred maintenance does not help anyone in the end as it only becomes more expensive.

That said, we should all remember that the Milestone Inspection requirements established by the legislature will not in itself prevent a collapse as experienced Surfside from happening again (Surfside had their own "milestone inspection" requirements in place at the time of the collapse), but it is a great first step to open the eyes of the dangers of deferred maintenance, especially in multifamily buildings."

The low compliance rate underscores the larger issue of statewide enforcement and accountability. While some counties, like Palm Beach, have taken a more aggressive approach with compliance notices and potential penalties, other jurisdictions remain behind, leaving thousands of residents in regulatory limbo.

Proposed Legislative Bills Affecting Condominiums

Florida lawmakers have introduced multiple bills to address condominium regulation, insurance, and financial burdens. Among them, House Bill 913 stands out as a significant proposal aimed at reforming condominium governance and financial management.

House Bill 913: Key Provisions

Proposed by Rep. Vicki Lopez, HB 913 seeks to enforce compliance while refining current condominium regulations. The bill’s major provisions include:

• Insurance Restrictions: Blocks Citizens Property Insurance Corporation from issuing or renewing policies for condominiums that fail to meet inspection requirements.

• Reserve and Inspection Mandates: Requires structural integrity reserve studies every 10 years and mandates associations to maintain adequate reserves for necessary repairs.

• Financial Transparency: Enhances financial reporting and disclosure requirements to ensure unit owners have access to critical financial data.

• Association Authority: Allows condo associations to levy special assessments and obtain loans without member approval to address urgent safety and maintenance concerns.

• Electronic Voting: Expands access to electronic voting for condo association decisions.

• Contractor Restrictions: Prohibits firms conducting reserve studies from repairing issues they identify, preventing conflicts of interest.

• Board Accountability: Introduces stricter penalties for board members who fail to comply with record-keeping regulations and enhances unit owners' rights to access records.

State Sen. Ileana Garcia has raised concerns that making insurance coverage contingent on compliance could lead to significant displacement of condo owners, especially seniors and low-income residents. She argues that while compliance is crucial, the financial burden on homeowners must be considered, and viable solutions should be provided.

Other Notable Bills in the 2025 Session

In addition to HB 913, several other bills aim to modify existing condominium laws:

• HB 1415/SB 690: Limits mandatory structural integrity reserve studies to buildings six stories or higher, reducing the financial burden on smaller buildings.

• SB 1742: Allows associations to invest reserve funds, obtain lines of credit, and pause reserve contributions in specific situations.

• HB 675/SB 696: Provides grants of up to $2,500 for low-income senior citizens to help cover special assessments for reserve funding.

• SB 1316: Creates special resilience districts to support flood and sea-level rise mitigation efforts.

• HB 983/SB 368: Establishes a fraud and corruption investigation program for condo and homeowners’ associations, with a focus on Miami-Dade County.

• HB 393/SB 592: Modifies the My Safe Florida Condominium Pilot Program, ensuring grant availability for condos meeting specific criteria.

As the 2025 Florida legislative session unfolds, condo associations and residents alike face a shifting regulatory landscape. Governor DeSantis’ push for moderation in enforcement aims to prevent mass displacement while maintaining safety standards. Meanwhile, legislative proposals such as HB 913 seek to balance financial sustainability with compliance mandates.

The challenge moving forward will be ensuring that regulations protect residents from structural failures without imposing unmanageable financial burdens. The outcome of these legislative efforts will shape the future of condominium living in Florida for years to come.