Why Florida's Condo Laws Have Changed
Following the tragic collapse of the Surfside condominium collapse in 2021, Florida lawmakers enacted sweeping reforms designed to improve the safety, financial stability, and transparency of condominium associations throughout the state.
While these changes have undoubtedly improved building oversight, they've also created new financial obligations for many condominium owners. Across Florida—including Tampa Bay and St. Petersburg—buyers are seeing higher HOA fees, reserve assessments, and increased scrutiny of older buildings.
Fortunately, recent legislation has introduced additional flexibility for condominium associations while maintaining the state's commitment to structural safety.
What Changed?
The most significant recent legislation is House Bill 913 (HB 913), which became law in 2025.
Governor Ron DeSantis described the legislation by saying:
"We've heard the concerns of condo owners throughout Florida, and we are delivering reforms that will provide financial relief and flexibility, strengthen oversight for condo associations, and empower unit owners."
Rather than eliminating the post-Surfside safety requirements, HB 913 adjusts several provisions to make compliance more manageable for condominium associations while preserving the long-term objective of safer buildings.
What Is a Structural Integrity Reserve Study (SIRS)?
One of the biggest changes affecting condominium owners is the requirement for a Structural Integrity Reserve Study, commonly referred to as a SIRS.
A SIRS evaluates major structural components of a building—including:
- Roof
- Structural walls
- Foundations
- Floors
- Plumbing systems
- Fireproofing
- Windows
- Waterproofing
The purpose is to estimate future replacement costs so associations can adequately fund reserves instead of relying on unexpected special assessments.
Milestone Inspections Continue
Florida continues to require Milestone Inspections for qualifying condominium and cooperative buildings that are three habitable stories or higher.
HB 913 clarified that the law applies to habitable stories, eliminating confusion about parking garages and other non-living levels.
The legislation also requires local governments to improve reporting and establishes stronger oversight regarding structural repairs.
Reserve Funding Rules Have Become More Flexible
One of the biggest concerns for owners has been the cost of reserve funding.
HB 913 introduced several important changes, including:
- Additional flexibility in how reserves may be funded.
- Alternative funding options such as loans or special assessments with owner approval.
- The ability, under certain circumstances, to temporarily pause reserve contributions to prioritize critical structural repairs.
- An increase in the replacement-cost threshold for mandatory reserve items from $10,000 to $25,000, helping associations focus on more significant capital expenses.
These updates are intended to provide financial breathing room without compromising long-term building safety.
Why Are HOA Fees Increasing?
One question buyers ask me almost every day is:
"Why are HOA fees so much higher than they were a few years ago?"
The answer isn't always bad news.
Higher HOA fees often reflect:
- Proper reserve funding
- Increased insurance premiums
- Deferred maintenance finally being addressed
- Compliance with new Florida safety laws
- Higher construction costs
While nobody enjoys paying higher monthly dues, a financially healthy condominium association is generally a positive indicator for long-term ownership.
An association that adequately funds reserves today may reduce the likelihood of large, unexpected special assessments tomorrow.
What Buyers Should Review Before Purchasing
Whether you're buying a primary residence, vacation home, or investment property, it's more important than ever to review the condominium's financial and structural health before closing.
I recommend asking for:
- The latest Structural Integrity Reserve Study (SIRS)
- Milestone Inspection reports
- Current reserve funding levels
- Annual budgets
- Recent meeting minutes
- Pending or approved special assessments
- Planned capital improvement projects
- Current insurance information
These documents can provide valuable insight into both the building's physical condition and its financial stability.
Don't Judge a Condo by HOA Fees Alone
It's easy to compare two buildings based solely on monthly HOA fees.
However, a lower HOA fee isn't always the better value.
Sometimes a building with slightly higher dues has:
- Better reserve funding
- Newer building systems
- Stronger financial management
- Lower risk of future assessments
- Better long-term maintenance planning
Understanding why fees differ is far more important than simply comparing monthly costs.
Questions Every Buyer Should Ask
Before purchasing any Florida condominium, consider asking:
✔ Has the building completed its required Milestone Inspection?
✔ Has a Structural Integrity Reserve Study been completed?
✔ Are reserves fully funded?
✔ Are there any pending special assessments?
✔ What major repairs are anticipated during the next five years?
✔ Has the association increased dues because of insurance or reserve requirements?
✔ Are there any active lawsuits involving the association?
These questions can help buyers avoid surprises after closing.
What This Means for Tampa Bay Buyers
Tampa Bay continues to experience tremendous growth in luxury condominium development, with exciting projects including Pendry Residences Tampa, ONE Tampa, Aqua at Westshore Yacht Club, Waldorf Astoria Residences St. Petersburg, Roche Bobois Residences, 400 Central, and Art House.
For buyers considering these newer developments, many of today's reserve and inspection requirements are already incorporated into modern construction standards and financial planning. While every association is different, purchasing in a newly constructed building may reduce the likelihood of facing significant deferred maintenance in the near future.
Whether you're purchasing a brand-new luxury residence or an existing condominium, understanding Florida's condominium laws has become an essential part of the buying process.
Final Thoughts
Florida's condominium laws continue to evolve, but one thing remains constant: informed buyers make better decisions.
The recent legislative changes are designed to create safer buildings, improve financial transparency, and protect owners over the long term. While some communities are experiencing higher costs as they adapt to these requirements, many associations are becoming stronger and more financially prepared as a result.
If you're considering purchasing a condominium in Tampa Bay or St. Petersburg, taking the time to understand these laws—and reviewing a building's financial health before making an offer—can provide valuable peace of mind for years to come.
