In brief
Since the building collapse in Surfside in 2021, Florida condo buildings of three habitable stories or more must undergo a periodic structural inspection (milestone inspection) and a structural integrity reserve study (SIRS) every 10 years, and they may not waive reserves for the structural components. For a buyer this means two things: ask for the reports before signing, and assess in advance the risk of a special assessment. Alongside this, you need to understand what the association insures, what you insure yourself, and that standard insurance does not cover flood.
Key takeaways
- 1The milestone inspection applies to condo and cooperative buildings of three habitable stories or more: first by 31 December of the year the building turns 30, then every 10 years.
- 2The association must obtain a structural integrity reserve study (SIRS) at least every 10 years, and for budgets adopted on or after 31 December 2024 it may not waive reserves for the components in the study.
- 3In a resale the seller gives the buyer the association documents, including the inspection summary and the SIRS, and the buyer may cancel within 7 business days. When buying from a developer the period is 15 days.
- 4A new owner is jointly and severally liable with the seller for unpaid assessments. An estoppel certificate is issued within 10 business days.
- 5The association's insurance does not cover the finishes and contents of the unit, and standard home insurance does not cover flood. Check both covers before signing.
On 24 June 2021 the Champlain Towers South building in Surfside, near Miami, partially collapsed. Following the disaster, Florida changed the rules for condo buildings: periodic structural inspections, a duty to fund reserves for major repairs, and transparency towards buyers. Whoever buys a unit in such a building today also buys a share of its obligations, so the check before signing is broader than an inspection of the unit itself.
This guide explains what the law requires of the association, which documents to ask for, how to assess the risk of a special assessment, and what to know about insurance. On choosing a state, property tax and landlord-tenant law, see the guide to choosing a US state.
What changed in Florida law after Surfside?
SB 4-D (chapter 2022-269), signed on 26 May 2022, created two obligations: a periodic structural inspection (milestone inspection) and a structural integrity reserve study (SIRS). The law was amended in the following years, among others by HB 913 (chapter 2025-175), signed on 23 June 2025 and in force from 1 July 2025.
| Obligation | Statutory source | Who it applies to |
|---|---|---|
| Milestone inspection | Florida Statutes section 553.899 | Condo and cooperative buildings of three habitable stories or more |
| Structural integrity reserve study (SIRS) | Section 718.112(2)(g) | Condo associations in buildings of three habitable stories or more |
| Prohibition on waiving reserves for structural components | Section 718.112(2)(f) | Associations required to have a SIRS, for budgets adopted on or after 31 December 2024 |
| Disclosure to the buyer | Section 718.503 | Every sale of a condo unit, by a developer or as a resale |
What is a milestone inspection, and when is it required?
It is a structural inspection carried out by an architect or engineer licensed in Florida. The first inspection is required by 31 December of the year the building reaches 30 years from its certificate of occupancy, and every 10 years after that. The local authority may bring the inspection forward to 25 years based on local conditions, such as proximity to salt water.
- Phase one: a visual examination of the structure. It must be completed within 180 days of receiving the local authority's notice. If there are no signs of substantial structural deterioration, phase two is not required.
- Phase two: required when phase one found substantial structural deterioration, and may include destructive testing. Within 180 days of submitting the phase one report, the engineer files a progress report with a timeline.
- Repairs: under the law, repairs must begin within 365 days of the authority's receipt of the phase two report. If the owners cannot show that repairs are scheduled or under way, the authority determines whether the building is safe for occupancy.
Within 45 days of receiving the report, the association must send the engineer's summary to all unit owners, post it in a conspicuous place in the building, and publish the report and summary on the association's website if it is required to have one.

What is a SIRS, and why does it affect HOA dues?
A SIRS is a study that sets how much money the association must save to repair or replace the building's structural components. It is required at least every 10 years and is prepared by an engineer, an architect or a certified reserve specialist. The components in the study:
- Roof, and the load-bearing structure: load-bearing walls and primary structural systems.
- Fireproofing and fire protection systems, plumbing and electrical systems.
- Waterproofing and exterior painting, windows and exterior doors.
- Any other item whose deferred maintenance or replacement cost exceeds USD 25,000 (inflation-adjusted) and whose failure affects these components. HB 913 raised the threshold from USD 10,000.
What it means for a buyer: for budgets adopted on or after 31 December 2024, an association required to have a SIRS may not decide on reserves lower than the law requires for these components. A building that did not save for years will have to close the gap, through higher dues, a special assessment or a loan. The deadline for completing the first SIRS in existing associations was 31 December 2025, so it is worth asking whether the study was completed and what it found.
For budgets adopted by 31 December 2028, an association that completed a milestone inspection in the previous two years may, by a majority of the total voting interests, pause or reduce reserve contributions for no more than two consecutive annual budgets, in order to fund the repairs. Such a pause does not cancel the obligation to fund the reserves. It defers it.
What is the risk of a special assessment?
A special assessment is a one-off payment, or a payment in instalments, that the association levies beyond regular dues, usually for repairs. Under section 718.116(10), the purpose of the assessment must be stated in the notice to owners, and the money is used only for it. The law also allows reserves to be funded by special assessments, a line of credit or a loan, with the approval of a majority of the total voting interests.
Two provisions matter especially to a buyer. Under section 718.116(1), a unit owner is liable for all assessments that come due while they are the owner, and a new owner is jointly and severally liable with the seller for assessments the seller did not pay. And under the same section, the association has a lien on the unit to secure the debt, which it may foreclose in a procedure similar to a mortgage foreclosure.
| What to check | Where to find it | Why it matters |
|---|---|---|
| Assessments approved or under discussion | Board and meeting minutes, the estoppel certificate | An assessment approved before the purchase may fall on you |
| Reserve status against the SIRS | The latest SIRS and the annual budget | A large gap predicts an assessment or higher dues |
| Milestone inspection findings | The inspection summary and the phase two report if there was one | Required repairs are a cost shared among the owners |
| Association loans and lines of credit | The annual financial statement | Loan repayments are funded from dues |
Which documents should you request from the association and the seller before signing?
In a resale, section 718.503(2) requires the seller to give the buyer, at the seller's expense, current copies of the following documents. The buyer may cancel the contract by written notice within 7 days, excluding weekends and holidays, from the later of signing the contract and receiving the documents, and until closing.
- The declaration of condominium, the articles of incorporation, the bylaws and the association's rules.
- The annual financial statement and the annual budget.
- The milestone inspection summary, if one was required.
- The latest SIRS, or a statement that one has not been completed.
- The turnover inspection report from the developer to the owners, if carried out on or after 1 July 2023.
- The Frequently Asked Questions and Answers document and the governance form of the condominium division.
For contracts signed after 31 December 2024, the contract must also include a conspicuous statement on the status of the milestone inspection, the turnover report and the SIRS. When buying directly from a developer, the cancellation period under section 718.503(1) is 15 days.
Besides these documents, ask for an estoppel certificate. Under section 718.116(8), the association issues it within 10 business days, and it sets out the payments and debts on the unit. The issuance fee is capped at USD 250 when nothing is owed, plus up to USD 100 for expedited delivery and up to USD 150 when there is a debt. The certificate is valid for 30 days when hand delivered or sent electronically, and 35 days when sent by mail. As a member of the association you may also request the association's records, and it must make them available within 10 working days.
What does the association insure, and what do you need to insure yourself?
Under section 718.111(11), the association insures the condominium property at replacement cost, with a reappraisal at least once every three years. Its cover excludes your contents and the unit's components: floor, wall and ceiling coverings, electrical fixtures, appliances, water heaters, built-in cabinets and countertops, and window treatments. These are insured under a condo unit owner policy. The deductible on the association's policy is set by the board, and damage below it may come back to the owners as an assessment.
- Hurricane deductible: under section 627.701, a home insurer must offer a hurricane deductible of USD 500, 2%, 5% or 10% of the dwelling limit. It applies on an annual basis, to all hurricane losses in the calendar year.
- Flood: according to FEMA, most home insurance policies do not cover flood damage, and a separate policy is needed. A new policy under the National Flood Insurance Program (NFIP) typically has a 30-day waiting period.
- Mortgage: a property in a high-risk flood area financed by a mortgage from a government-backed lender must carry flood insurance.
- Citizens: Florida's state-backed insurer is phasing in a flood insurance requirement for residential policyholders, reaching all policies from 1 January 2027. According to its 2023 notice, condo units insured on a condominium unit owners form are exempt from the requirement.
What else matters to an investor who lives in Israel?
- Rental rules: read the declaration and the rules for any restrictions on letting, and check them against your investment plan.
- Holding structure: if the property will be registered in the name of an LLC, see the guide to LLCs for Israelis.
- Management: the management agreement should cover tracking association notices, meetings and assessments. See the guide to property management agreements in the USA.
- Closing: on title insurance and escrow in the transaction, see the guide to title insurance and escrow.
- Tax: Florida property tax falls due on 1 November, with a 4% discount for payment in November. The other deadlines are in the annual calendar for owners of property abroad.
What to do before signing, and how we accompany you
Before making an offer on a Florida condo unit, it is worth obtaining the association's document package, the SIRS and the inspection summary, and reading them together with the minutes of the last two years. We go through the documents with the client from the perspective of an Israeli investor and coordinate with a local lawyer licensed in Florida, with an insurance agent and with an engineer when needed. The engineering inspection itself is carried out by an engineer.
What is stated here is general information correct as of November 2026, based on the 2025 text of the Florida Statutes, and is not legal or insurance advice for a specific case. Legislation in this area changes almost every year. Check the current text and the condition of the building with a lawyer and professionals in Florida.
Frequently asked questions
Which buildings are subject to the milestone inspection in Florida?
Condo and cooperative buildings of three habitable stories or more. The first inspection is required by 31 December of the year the building turns 30, and every 10 years after that. The local authority may set 25 years based on local conditions, such as proximity to salt water.
What is a SIRS in a Florida condo?
A structural integrity reserve study that sets how much the association must save for the roof, structure, waterproofing, windows, plumbing, electrical systems and fire protection. It is required at least every 10 years, and for budgets adopted on or after 31 December 2024 the association may not waive reserves for these components.
How long do I have to cancel a contract to buy a condo unit in Florida?
In a resale, 7 days excluding weekends and holidays, from the later of signing the contract and receiving the association documents, and until closing. When buying from a developer, 15 days from signing and receiving all required documents.
Am I liable for the seller's debt to the association?
Yes. Under section 718.116(1), a new owner is jointly and severally liable with the seller for assessments unpaid before the transfer of title. That is why an estoppel certificate is requested before closing and the debt is settled in the transaction.
Does home insurance cover hurricane flooding?
Usually not. According to FEMA, most home insurance policies do not cover flood, and a separate policy is needed, for example from the NFIP, with a waiting period of about 30 days. Hurricane losses that the policy covers are subject to the hurricane deductible.
Read next · 9 min readTitle Insurance and Escrow in a US Transaction: What Protects You and What Does NotTitle insurance and escrow in the US: what the owner's policy covers, exceptions to check, how the escrow account works and how to defend against wire fraud.Read the guideSources
- Florida Statutes 553.899 (2025), Mandatory structural inspections for condominium and cooperative buildings
- Florida Statutes 718.112 (2025), Bylaws: reserves and structural integrity reserve study
- Florida Statutes 718.503 (2025), Developer and nondeveloper disclosure prior to sale
- Florida Statutes 718.116 (2025), Assessments; liability; lien; estoppel certificates
- Florida Statutes 718.111 (2025), The association: insurance and official records
- Florida Statutes 627.701 (2025), Hurricane deductibles
- Florida Statutes 197.162 (2025), Property tax discounts
- The Florida Senate, SB 4-D (2022), Building Safety, chapter 2022-269
- The Florida Senate, CS/CS/HB 913 (2025), Condominium and Cooperative Associations, chapter 2025-175
- Becker, New condominium law tweaks reserve rules (HB 913)
- NIST, Champlain Towers South collapse investigation
- FEMA, Flood insurance
- Citizens Property Insurance, Updates to flood coverage law bring more changes (2023)








