CAI Advocacy’s Condo Safety Related State Legislation Round-Up

Since the tragic collapse of Champlain Towers South in Surfside, Fla., in June 2021, CAI’s government and public affairs efforts have been and continue to be committed to condominium safety, structurally sound and fiscally responsible communities through public policy outreach and legislative advocacy at the local, state, and federal levels. CAI’s efforts remain dedicated to the memory of those 98 individuals who lost their lives, those who lost loved ones, and those who lost their homes during this tragic condominium collapse.

When CAI published the CAI Condominium Safety Public Policy Report: Reserve Studies and Funding, Maintenance and Structural Integrity in October 2021, only nine states mandated reserve studies in condominiums, 11 states had specific mandates addressing reserve funding in condominiums, and no states mandated building inspections in high-rise residential buildings. As of June 2023, 11 states now mandate reserve studies in condominiums, 12 states mandate reserve funding in condominiums, and one state mandates certain building inspections in high-rise residential buildings.

Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, South Carolina, Tennessee, and Virginia addressed legislation related to reserve studies and funding, as well as building inspections and structural integrity following the condominium collapse in June 2021. Most of these efforts were spearheaded by CAI’s state legislative action committees. These committees are rapidly becoming the leading voice of condominium safety legislative efforts in state capitols across the United States.

Here is a summary of state legislative efforts to date since October 2021:

2022 State Legislative Sessions – Condominium Safety Legislation

• Reserve Studies and Funding
  • In 2022, nine states introduced legislation regarding reserve studies and funding in community associations: Colorado, Connecticut, Georgia, Illinois, Massachusetts, Maryland, New Jersey, and Virginia. New Castle County Council in Delaware also introduced legislation addressing condominium safety.
  • Florida and Maryland passed legislation mandating reserve studies and funding in community associations.
  • New Castle County (Del.) Council passed a resolution that established a task force to review and consider issues relating to condominiums and other common interest community buildings and structures.
  • Virginia passed a resolution requiring the Virginia Department of Professional and Occupation Regulation (DPOR) to study the adequacy of current laws addressing standards for structural integrity and maintaining reserves to repair, replace, or restore capital components in common interest communities.
• Building Maintenance and Structural Integrity
  • In 2022, four states introduced legislation regarding building maintenance and structural integrity: Florida, Hawaii, New Jersey, and Virginia.
    • Florida passed legislation mandating building inspections as structures reach 30 years old and every 10 years thereafter.
    • Virginia passed a resolution requiring DPOR to study the adequacy of current laws addressing standards for structural integrity and maintaining reserves to repair, replace, or restore capital components in common interest communities.

2023 State Legislative Sessions – Condominium Safety Legislation

• Reserve Studies and Funding
  • To date in 2023, Connecticut, Hawaii, Maryland, New Jersey, and Tennessee introduced legislation addressing reserve studies and funding in community associations.
  • Hawaii passed legislation updating its reserve study and funding regulations having already established these updates in past legislative sessions.
  • Tennessee passed legislation mandating reserve studies in condominium associations.
• Building Maintenance and Structural Integrity
  • To date in 2023, Connecticut, Florida, Hawaii, Massachusetts, Maryland, New Jersey, New York, South Carolina, and Virginia have introduced legislation addressing building maintenance and structural integrity.
  • Florida passed legislation provided clean-up amendments to its 2022 building inspection law.
  • South Carolina introduced legislation addressing building inspections in high-rise commercial buildings. While this legislation did not pass, the legislature plans to work with the South Carolina LAC during the off-season to address draft legislation pertaining to CAI’s building inspection recommendations for residential high-rise buildings.

2023 Published Governmental Condominium Safety Task Force Reports

CAI’s Government and Public Affairs staffers Dawn M. Bauman, CAE, and Phoebe E. Neseth, Esq., along with several CAI members served on governmental task forces as industry experts. The following reports were published:

• New Castle County Council, Delaware: On May 1, 2023, New Castle County Council published its condominium safety task force report, “New Castle County Council Common Interest Community Task Force Recommendations.”
• Virginia: On April 3, 2023, Virginia published its condominium safety task force report, “Department of Professional and Occupational Regulation Study of the Adequacy of Current Laws Addressing Standards for Structural Integrity and for Maintaining Reserves to Repair, Replace, or Restore Capital Components in Common Interest Communities pursuant to Senate Bill 740 (2022).”

Many public policy recommendations to the Delaware and Virginia General Assembly for 2024 are derived from CAI’s Condominium Safety Public Policy Report. Learn more about the recommendations in each of these government task force reports here.

For more information and resources on CAI’s condominium safety public policy and legislative initiatives, please, visit www.condosafety.com.