Florida HOA Laws After Surfside: What Changed in 2024-2025

On June 24, 2021, Champlain Towers South in Surfside, Florida partially collapsed in the middle of the night. Ninety-eight people lost their lives. Hundreds more lost their homes.

The investigation revealed a devastating truth: the building had known structural problems for years. Deferred maintenance. Underfunded reserves. Warning signs that went unaddressed.

Florida's response was swift and sweeping. In the years since Surfside, the legislature has passed multiple bills—SB 4-D, SB 154, HB 1021, and HB 913—that fundamentally changed how condominiums must be inspected, maintained, and funded.

If you serve on a condo board or own a unit in Florida, these laws affect you directly. Here's what you need to know.

Who Do These Laws Apply To?

The structural inspection requirements primarily affect condominium and cooperative buildings that are three or more habitable stories tall. That last word is important—HB 913 clarified that parking levels don't count as "habitable," so a building with two residential floors over a parking garage wouldn't trigger these requirements.

Important distinction: While traditional single-family HOAs aren't subject to SIRS and milestone inspections, they do face new governance requirements under HB 1021 and HB 1203. We'll cover those later.

Milestone Inspections: The Structural Check-Up

Think of a milestone inspection as a structural health exam for your building. A licensed architect or engineer inspects the building's structural components and issues a report identifying any problems that need repair.

Two Phases of Inspection

Milestone inspections have two phases:

• Phase One: Visual examination of the building's structural components. If no signs of substantial deterioration are found, you're done (for now).
• Phase Two: Required if Phase One finds "substantial structural deterioration." This involves more invasive testing to determine the extent of the damage and necessary repairs.

The inspector must submit the report to the local building official and the association within 45 days of completion.

SIRS: Structural Integrity Reserve Studies

Here's where things get real for your budget. A Structural Integrity Reserve Study (SIRS) isn't just about inspecting your building—it's about proving you have the money to fix it.

SIRS Deadlines (Updated by HB 913)

• Original deadline: December 31, 2024
• Extended deadline: December 31, 2025 (HB 913)
• If done with milestone inspection: December 31, 2026
• Recurring: Every 10 years

Good news: If you've already completed your milestone inspection, the board can vote to delay the SIRS for up to two budget years. The thinking is that the milestone inspection already identified immediate repair needs, so you can focus on those first.

The Game-Changer: No More Waiving Reserves

This is the reform that's hitting condo owners hardest financially. For decades, Florida condo associations could vote to waive or reduce reserve contributions. Champlain Towers South, for example, had reserves funded at just 7% of what was needed.

The Financial Reality

This is causing significant assessment increases across Florida. Some examples from 2024:

• The Cricket Club, North Miami: Special assessments up to $134,000 per unit
• Mediterranean Village, Aventura: Some owners assessed up to $400,000

The good news under HB 913: associations now have more flexibility in how they fund reserves. They can use special assessments, lines of credit, or loans—with majority owner approval. The key is that the money must be there.

Website & Transparency Requirements

HB 1021 dramatically increased transparency requirements for Florida associations.

Director Education & Accountability

Gone are the days when signing a piece of paper saying "I read the documents" was enough. HB 1021 now requires all condo directors to complete a state-approved educational course within 90 days of election.

Criminal Penalties

This is new—and serious. HB 1021 introduced criminal penalties for board members who act in bad faith. The Department of Business and Professional Regulation (DBPR) now has increased authority to investigate complaints and can refer cases for criminal prosecution.

Board members who knowingly falsify records, misappropriate funds, or fail to maintain required records can face criminal charges.

Changes for Traditional HOAs (HB 1203)

While the structural requirements focus on condos, HB 1203 brought significant changes to traditional HOA governance:

• Vehicle parking: HOAs cannot prohibit pickup trucks or work vehicles (even with commercial markings) parked in driveways
• Architectural reviews: Denials must cite the specific rule violated
• Flag rights: Associations must allow US, Florida, POW/MIA, and First Responder flags (up to 4.5x6 feet)

Fines & Enforcement

Florida has specific rules about fining that differ between condos and HOAs:

Both require 14-day written notice and a hearing before an impartial committee (no board members or their spouses) before any fine becomes final.

What You Need to Do

The Bottom Line

The post-Surfside reforms are the most significant changes to Florida community association law in decades. They're designed to prevent another tragedy—but they come with real costs and compliance burdens.

The associations that will thrive are those that get ahead of the deadlines, communicate transparently with owners about financial impacts, and take structural maintenance seriously. The ones that will struggle are those that try to delay, minimize, or work around the requirements.

These laws exist because 98 people died. Compliance isn't just about avoiding fines—it's about keeping your residents safe.