Tough New FL Condo Laws Getting Pushback

March 10, 2025 — The 2021 Surfside Towers collapse near Miami killed 98 people and injured many more. The Florida legislature’s response was swift and strict. Now, as those laws go into effect, backlash from the hardships they created is leading to efforts to soften them.

Already burdened by exploding insurance premiums, condo owners now also face huge assessments to catch up on their new reserve requirements. Added to those woes, the new required building inspections have discovered costly building repairs. All of these combined have caused special assessments and/or significant dues increases. The result is a spate of homeowners who are unable to pay those. Many have no choice but sell and and then find a new, more affordable place to spend the remainder of their retirement years.

How 2 Associations have been affected

Your editor knows of at least two Florida condo associations that have been severely impacted by the new laws. In both cases the required inspections unearthed severe spalling issues like the ones that caused the Surfside building collapse. Those repairs easily cost a million dollars to repair. One of those HOAs had been diligent about keeping up with reserves for future replacement items like elevators and roofs, but the new requirements were far higher than what the actual reserves in hand. In both cases the new reserve requirements forced significant dues increases. One of these communities implemented large (more than $10,000 assessments), another borrowed money to pay for the repairs and increased dues to pay it back. In that community quarterly condo fees have doubled in the past 5 years (insurance is another factor in those increases).

Remedies

The Florida legislature is considering several possible remedies to the situation. One idea being floated is a special grant of $2500 to eligible low income residents to help with those special assessments. While a nice gesture, in many condos or HOAs special assessments can sometimes go over $50,000. To many people it seems like this idea is like putting on a bandaid when a tourniquet is required.

Other changes to SB 154 include loosening of some of its requirements. One of those is changing the number of stories for buildings affected by the law. Currently, those that are 3 stories or more are subject to the new reserve and building inspection requirements. A proposed change would loosen those requirements so it would only apply to buildings of 6 stories or more. Another, more controversial change would allow HOAs to borrow without owner approval to make repairs or even fulfill their new reserve requirements. While that might allow communities to get into compliance, critics counter that it would merely postpone the problem. Some legislators also say that they did not want the State to bail out communities that kicked the can down the road for years, keeping fees low but ignoring their future requirements.

Meanwhile in other states

It is generally accepted that Florida, with its thousands of HOAs and community associations, has the most robust laws governing them. But other states are watching closely to see how these issues get resolved.

Future of this legislation is uncertain

Who knows how, or if, changes to SB 154 will be made. Certainly the stories of elderly Floridians being forced into bankruptcy or losing their homes is having an effect on legislators. We will try to keep you posted on progress.

Comments? If you live in an HOA or condo association, especially in Florida, what is your experience on costs, dues, and assessments? Please share in the Comments section below.

For further reading

See — South Florida Sun Sentinel – Desantis Requested Help for Seniors