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Milestone inspection in Florida: when it is due and the clocks that follow

In the United States there is no national milestone rule: this is Florida law. A Florida condominium or cooperative building of three habitable stories or more needs a milestone inspection by December 31 of the year it reaches 30 years of age, counted from the certificate of occupancy, and every 10 years after that (Fla. Stat. § 553.899). The "25 years within 3 miles of the coast" rule that circulates online is not in the statute.

«An owner or owners of a building that is three habitable stories or more in height as determined by the Florida Building Code and that is subject, in whole or in part, to the condominium or cooperative form of ownership as a residential condominium under chapter 718 or a residential cooperative under chapter 719 must have a milestone inspection performed by December 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.»

Which buildings. A building of three habitable stories or more, as determined by the Florida Building Code, that is in whole or in part a residential condominium under chapter 718 or a residential cooperative under chapter 719. A single-family, two-family, three-family or four-family dwelling with three or fewer habitable stories above ground is excluded (Fla. Stat. § 553.899). The one-time catch-up dates for existing buildings, before December 31, 2024 for buildings already 30 years old on July 1, 2022 and before December 31, 2025 for buildings that turned 30 between then and December 31, 2024, have passed.

When 25 years applies. The local enforcement agency may determine that local circumstances, including environmental conditions such as proximity to salt water, require the inspection by December 31 of the year the building reaches 25 years of age, and every 10 years thereafter. That is a decision of the local building department, not a statewide line, and the statute contains no 3-mile distance (Fla. Stat. § 553.899). The agency may also extend the date for a first inspection on a showing of good cause when the owner has already contracted with an architect or engineer (Fla. Stat. § 553.899).

Two phases. Phase one is a visual examination of habitable and nonhabitable areas by a licensed architect or engineer, with a qualitative assessment of the structural conditions. If no signs of substantial structural deterioration are found, phase two is not required; if any are found, a phase two inspection must be performed and may involve destructive or nondestructive testing (Fla. Stat. § 553.899).

The clocks. Phase one must be completed within 180 days after the owner receives the local agency's written notice. If phase two is required, the inspector must submit a progress report with a timeline within 180 days after submitting the phase one report (Fla. Stat. § 553.899). The association must notify unit owners within 14 days after it receives the agency's notice and give the date the inspection must be completed; the notice may be sent electronically to owners who consent or posted on the association's website (Fla. Stat. § 553.899).

Telling owners about the result. Within 45 days after receiving the applicable report, the association must distribute the inspector-prepared summary to each unit owner regardless of the findings, by United States mail or personal delivery and by electronic transmission to owners who previously consented, post a copy in a conspicuous place on the property, and publish the full report and summary on its website if it is required to have one (Fla. Stat. § 553.899).

Repairs. Local ordinances must require that repairs for substantial structural deterioration be scheduled or commenced within a set time after the agency receives a phase two report, and the repairs must be commenced within 365 days after the report is received. If the owner does not show that repairs are scheduled or commenced, the agency must review and determine whether the building is unsafe for human occupancy (Fla. Stat. § 553.899).

What Unitify does around a milestone inspection

Unitify does not perform inspections and does not replace the statutory delivery methods. Once the association has the agency's notice and the inspector's summary, it can post both as announcements in the resident app, so owners see them where they already read building news. The 14-day and 45-day clocks, the mailing, the physical posting and any website duty stay with the association; an app announcement is added to them, not substituted for them.

Announcements and notices in the resident app

Frequently asked questions

How often does Florida require a milestone inspection?

A building of three habitable stories or more that is in whole or in part a residential condominium or cooperative must have a milestone inspection by December 31 of the year it reaches 30 years of age, counted from the certificate of occupancy, and every 10 years thereafter (Fla. Stat. § 553.899).

Is a milestone inspection required at 25 years within 3 miles of the coast?

No. Fla. Stat. § 553.899 contains no 3-mile line. It allows the local enforcement agency to determine that local circumstances, such as proximity to salt water, require the inspection by the year the building reaches 25 years of age. Whether that applies to a building depends on the local building department's determination.

What are the two phases of a Florida milestone inspection?

Phase one is a visual examination by a licensed architect or engineer. Phase two, a more extensive inspection that may include testing, is required only if phase one identifies substantial structural deterioration (Fla. Stat. § 553.899).

How long does a Florida association have to tell owners about a milestone inspection?

Under Fla. Stat. § 553.899 the association must notify unit owners within 14 days after receiving the local agency's written notice, and must distribute the inspector-prepared summary of the report to each unit owner within 45 days after receiving the report.

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