Is My Building Safe? Task Force Report Recap
In a continuation of the webinar series “Is My Building Safe?”, Haber Law in collaboration with BHA presented an overview of the findings of a task force assigned to advise on condominium operations. The governor appointed this task force after the tragic collapse of the condominium in Surfside. Webinar panelists, David Podein, Esq., and Christopher Utera, Esq., presented 12 critical issues identified by the task force. Of note, the task force highlighted issues and made recommendations for change. The following are their suggestions and not actual changes in the law at this time.
One of the first items identified was the importance of waterproofing. The group stressed the need for more emphasis on waterproofing as required maintenance. Examples of improvement in the level of details includes the specific product being used to waterproof, the warranty of the product and timeline for waterproofing to be redone. Other issues identified by the task force concern allowing boards more authority to have required maintenance completed and requiring more transparency by making inspection reports readily available to owners and buyers.
The task force recommends that inspections be more specialized in the future and not “one person does it all”. Specific professionals qualified to carry out inspections include fields of expertise such as structural engineering and MEP (mechanical, electrical and plumbing systems). And, along with inspection reports being recommended at 5 year intervals, the group also made recommendations to enforce compliance with report recommendations.
Another issue identified is a more uniform approach to the quality of reserve studies and frequency of conducting the studies. In addition to stricter requirements on who is qualified to conduct the reserve study, the task force recommends that it should not be an option to “keep the budget low” and waive reserves. They also went on to recommend eliminating pooled reserves for mandatory reserve components. For older buildings that may be situated on a prime property but facing unaffordable costs of continued maintenance, the task force identified practical options for those condo owners to terminate their association and sell the property.
Another area addressed by the task force was to increase the requirements of professionals related to the maintenance and repair of these buildings. If implemented, attempts by certain professionals to avoid liability for advice given on proper maintenance would be void. The group recommended higher accountability for professional condo management companies, CAM’s and city officials in the building department.
Additional topics of the report include a DBPR Trust Fund, unit owner access to financing, and association insurance. The webinar speakers offered copies of the task force recommendations in detail. As far as advice for buildings anticipating development in a neighboring property, the speakers recommended one overarching piece of advice: “be proactive”. Being proactive includes documenting the condition of your building prior to the development work starting, retaining an expert to document and highlight potential issues, inspecting your insurance coverage, and approaching the developer in an effort to form what is called in the industry a “good neighbor agreement”. Being proactive includes negotiating with the developer for ways to mitigate the effects of the new construction on your property. As always, BHA will be monitoring any issues brought forward in legislative sessions and report on updates. A special thanks to our friends Haber Law.