The grand jury tasked with addressing condo safety following the collapse of the Champlain Towers South recently issued its report. Their findings, which will have relevance to the operations of condominiums for years to come, were submitted to Miami-Dade County State Attorney Katherine Fernandez Rundle.
While the federal investigation into the cause of the collapse of the Champlain Towers South will take years, the grand jury recommendations can begin to calm the widespread concern that has arisen about the safety of the numerous older condos in Miami-Dade and statewide.
The Findings
The 43-page grand jury report, released Dec. 15, stated that its mission was to not let a tragedy like Champlain Towers South happen again. Here are some of the recommendations:
- The county’s 40-year timeline for recertifying large buildings should be reduced to 15 years, with updates every 10 years, thus reducing the number of high price tag repairs that occur concurrently at the 40-year mark.
- Condo associations should be required to perform routine maintenance, such as painting with a waterproofing material, every seven years to protect the buildings.
- The elements of the building that should be inspected for recertification should be expanded, including areas such as plumbing, fireproofing, and pool equipment.
- Condo board members should file an annual document certifying that regular and routine maintenance of the building is being performed.
- All municipalities in Miami-Dade should inform condo owners about impending recertification inspections at least two years in advance.
- According to the report, county and municipalities are understaffed and must increase staffing in the unsafe structures division of their buildings departments.
- An architect or engineer who submits a false, misleading, or fraudulent statement on a recertification report should have their license suspended for 12 months.
- Recertification inspections should only be performed by Florida-registered engineers or architects with experience designing or inspecting at least three large buildings.
- A new law should require condo associations to promptly share building inspection reports to local building officials or face a fine.
- The professional engineers and architects who inspect the buildings should have a duty to report damages to local building officials.
- Condo associations should also be required to post maintenance and inspection reports online.
The grand jury also stated that Florida should no longer allow associations to waive paying reserves to make repairs by a simple majority vote. It recommends 70% of all unit owners must agree because too many condo associations do not have adequate reserves.
Progress Is Already Being Made
Miami-Dade Mayor Daniella Levine-Cava noted that many recommendations made by the Grand Jury are already in process.
“In the days ahead, my administration will be carefully reviewing all the recommendations in the report to determine what other actions we can swiftly implement,” Levine Cava stated. “We remain committed to working closely hand in hand with the State Attorney to pave a path forward from this tragedy that ensures a disaster like this one never happens again in our community.”
If you have concerns about your own community and how these recommendations may eventually impact the way your association runs, don’t hesitate to reach out to us, or to your legal counsel. We are always happy to help answer questions and want to be a partner in setting up your community for success, no matter the changes ahead.
