In Florida, the Structural Integrity Reserve Study requirements are part of the new regulations implemented following the Surfside collapse of Champlain Towers South in 2021. Senate Bill 4-D, signed into law on May 26, 2022, introduced new requirements for condominium and cooperative associations concerning the structural integrity of their buildings. These requirements include mandatory reserve studies for specific elements to ensure they have sufficient funds set aside for future repairs and replacements.
Key Requirements for the Structural Integrity Reserve Study in Florida
- Applicability:
- These requirements apply to all condominium and cooperative buildings that are three stories or higher in height.
- Buildings must conduct a Structural Integrity Reserve Study (SIRS) at least every 10 years to assess the condition of specific structural components and to ensure that adequate reserves are maintained for their repair or replacement.
- Components to be Included:
- The Structural Integrity Reserve Study must, at a minimum, include:
- Roofs
- Load-bearing walls or other primary structural members
- Floor
- Foundation
- Fireproofing and fire protection systems
- Plumbing
- Electrical systems
- Waterproofing and exterior painting
- Windows
- Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000.
- Inspection Requirements:
- A licensed engineer or architect must perform a visual inspection of the property to assess the condition of the components listed above.
- The inspection should identify any substantial structural deterioration, material distress, or defects that could impact the building’s safety.
- Reserve Funding Requirement:
- Condominium and cooperative associations must maintain sufficient reserves to cover the estimated repair or replacement costs of these critical structural elements.
- Associations are prohibited from waiving the reserve funding or reducing funding below the estimated amount required for these specific components. This is a significant change, as associations previously had more flexibility to waive or reduce reserves by a vote of the membership.
- Reporting and Compliance:
- The findings of the Structural Integrity Reserve Study must be included in the association’s budget documents and provided to all unit owners.
- If the study identifies any immediate or critical repairs, the association must take timely action to address them to ensure the safety of the building's occupants.
- Deadlines:
- By December 31, 2024, every condominium association or cooperative association with a building that is three stories or higher must complete its initial Structural Integrity Reserve Study and maintain updated studies every 10 years thereafter.
Purpose of the Structural Integrity Reserve Study
The purpose of the study is to ensure that the building remains safe for occupancy and that the association maintains adequate financial reserves to address future structural repairs or replacements. It aims to prevent situations where deferred maintenance or lack of funds could lead to severe structural failures, similar to the tragedy that occurred in Surfside.
These requirements are part of a broader set of reforms to enhance building safety in Florida, ensuring that associations are proactive in maintaining the structural integrity of their buildings.