INSPECTION REQUIREMENT

Hi All,
I received the following query by Email:
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Would you comment on your blog on the new 5 yr inspection requirements, good, bad, opt out, penalties, board liabilities, etc.????

Am I right in interpreting that the inspection is only a guide for associations to budget their reserves?

What are 3 & 4 story buildings in CV doing? Rumors of UCO coordinated inspections????
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Following is a brief response and a bit of my opinion.


On May 1, 2008, Florida Governor Crist signed House Bill 995.



House Bill 995, which takes effect on October 1, 2008, amends various provisions of Chapter 718 of the Florida Statutes, the Florida Condominium Act.



The following is a brief summary of amendments, relevant to your query, included in House Bill 995:


REF:
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0995er.xml&DocumentType=Bill&BillNumber=0995&Session=2008


The 4 digit numbers are line numbers in the referenced document.

(6) As to any condominium building greater than three
1563 stories in height, at least every 5 years, and within 5 years if

1564 not available for inspection on October 1, 2008, the board shall

1565 have the condominium building inspected to provide a report

1566 under seal of an architect or engineer authorized to practice in

1567 this state attesting to required maintenance, useful life, and

1568 replacement costs of the common elements. However, if approved

1569 by a majority of the voting interests present at a properly

1570 called meeting of the association, an association may waive this

1571 requirement. Such meeting and approval must occur prior to the

1572 end of the 5-year period and is effective only for that 5-year
1573 period.
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718.113 (Maintenance; limitation upon improvement; display of flag; hurricane shutters):


New Subsection (6): Requires an inspection of condominium buildings greater than 3 stories in height every 5 years by an engineer or architect unless waived by a majority of the voting interests present at a duly noticed meeting. The engineer or architect must provide a report attesting to required maintenance, useful life and replacement costs of the common elements. The report must be maintained as an official record of the association under amended 718.111(12).
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OK! Now as to your questions:


Good? To the extent that hard information is “good” of course this is a good piece of legislation?
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Bad? The only thing that could be considered “bad” is the expense; of course, consider the expense of not knowing what hidden problems may exist in your 30 year old + building.
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opt out? Sure, the law gives you an out:

“by a majority of the voting interests present at a properly
called meeting of the association, an association may waive this requirement”.
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Penalties? Not directly; but please read the next bullet.
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board liabilities? If you fail to conduct this inspection; and an event occurs of great damage or loss of life; what possible liabilities may ensue as regards failure of Insurance coverage to be granted or direct legal liability to the Association for failure to follow the law.


If you do conduct this Inspection and the resulting record of insufficiencies is ignored and not repaired; the liabilities are rather obvious.
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Clearly, this is merely my opinion and competent Legal Counsel should be sought.
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While this Law only requires the Inspection for buildings over three stories high; I would recommend it for any building in CV, due to the age of our infrastructure.
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Ask yourselves, what is the condition of the REBAR embedded in your Catwalks, Patios and rails? Ask, what is the condition of the Aluminum wiring in your Units and the cast iron sewer pipes; in my building, every backup revealed roots in the sewer pipes? Then after due consideration; you decide.
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Finally it should be noted that this Inspection can be used as a primary driver for the establishment of your Reserves for the requisite 5 year cycle of the Inspection law.

Think smart; not cheap!!!

Dave Israel