Between A Rock And A Hard Place: Condominiums With Substantial Structural Deterioration

For five months now, Florida condominiums with buildings that are three stories or higher have been on notice of F.S. §553.899, a new statute adopted within Senate Bill 4-D ("S.B. 4-D") that requires periodic milestone inspections. This controversial legislation was enacted in response to the tragic collapse of Champlain Towers South in Surfside, Florida. The premise is that once a condominium reaches a certain age, a licensed engineer or architect will need to perform a milestone inspection of a qualifying building to determine if there is any substantial structural deterioration.

F.S. §553.899(2)(b) defines substantial structural deterioration as:

[S]ubstantial structural distress that negatively affects a building's general structural condition and integrity. The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or architect